RAJ VIDEO VISION Vs. M/S BALA MOVIES

JUDGEMENT

(1.) Civil Suit No.1303 of 1988 has been filed for a declaration that the plaintiff is the absolute copyright owner of the picture "Padikkatha Medai" Black and White for a perpetual period of 99 years; and for an injunction restraining the defendants from interfering with the plaintiff's copyright of the picture "Padikkatha Medai".

(2.) Civil Suit No.260 of 1996 has been filed for a declaration that the plaintiff is the absolute copyright owner of TV rights of the picture "Padikatha Medhai", Black and White, Tamil; for a direction upon defendants 1 to 3 to pay a sum of Rs.10 Lakhs; and for an injunction.

(3.) The brief facts leading to the filing of C.S.No.1303 of 1988 are as follows:- The plaintiff is carrying on exploitation and distribution of motion pictures in all dimensions for commercial and non-commercial exhibition in the entire world. The 1st defendant, Producer of the film "Padikkatha Medhai", assigned the rights of the said picture perpetually for a period of 99 years, vide agreement dated 16.07.1976, for a price of Rs.27,500/- in favour of the 2nd defendant. The 2nd defendant, in turn, assigned all the rights in favour of the 3rd defendant on 07.12.1981. The 3rd defendant by an agreement dated 29.04.1988, assigned the entire right for a consideration of Rs.3,000/- to the plaintiff. The assignment includes all dimensions of commercial and non-commercial and the television rights for the entire Overseas Territories and video rights for the entire world. Thus, the plaintiff is vested with the copyright of the said picture. While so, the defendants have made all such misleading propaganda and also lodged false police complaints setting the criminal law in motion, thereby harassing the plaintiff resulting in the infringement of the plaintiff's copyright. Hence, the suit.