V ELANGO Vs. SUSI GANESAN

JUDGEMENT

(1.) THE application is filed seeking interim injunction restraining the respondents and their agents from in any manner exploiting, making or selling by infringing the audio/video rights of the applicant in the lyrics referred to in the schedule mentioned in the plaint.

(2.) BRIEF contention of the applicant:- The applicant has been writing lyrics for various Tamil cinematograph movies. The third respondent, having admired the skills of the applicant, called him on 8.7.2007 and made a request to contact the first respondent in connection with writing lyrics for the Tamil cinematograph film 'Kandasamy'. The applicant contacted the first respondent over phone. Thereafter, the applicant met the first respondent at Hotel Park Sheraton where the first respondent briefed him about the situation of a song to be composed for the said film. The applicant prepared a part of the lyrics and read out a few lines over phone to the first respondent on 10.7.2007. The first respondent sent a compact disc containing a tune for the song on 11.7.2007. On 12.7.2007, the applicant prepared several options for the 'Pallavi' and 'Saranam' for the song and handed over to the first respondent in the presence of the second respondent at the latter's residence cum composing theatre in Chennai. The attempt made by the applicant to contact the respondents to get back the lyrics did not fructify. The lyrics written by the applicant was telecast live on the Tamil Satellite Channel Sun TV on 23.9.2007 during the opening ceremony of Tamil cinematograph film 'Kandasamy'. Thereby the applicant's copyright on his literary work has been infringed by the respondents. Therefore, the applicant has sought for ad interim injunction as stated above.

(3.) LEARNED counsel appearing for the respondents would submit that no material has been produced by the applicant to show that he is the author of the subject lyric. The documents produced on the side of the applicant have been created for the purpose of this case. It is his further submission that in the film industry, such blackmailing is quite usual. When there is no agreement to establish the right of the applicant with respect to the subject lyric, the question of granting an order of injunction does not arise, he would submit.