VIDEO MASTER Vs. NISHI PRODUCTIONS

JUDGEMENT

(1.) BY this motion, plaintiffs are praying for various reliefs in respect of cinematograph film "bees SAAL BAAD".

(2.) PLAINTIFFS have filed this suit for declaration that plaintiff No. 1 has sole and exclusive video copyrights in respect of aforesaid cinematograph film for period of 10 years from 27-1-1989, plaintiff No. 1 alone is entitled to make video cassettes, discs, tapes, grams or any other video format of the said film, plaintiff No. 1 alone is entitled to exhibit, exploit, broadcast, cause to be broadcast, exhibited, and exploit the said film by use of video format and to sell or give it on hire etc. video cassettes of the said film. Plaintiffs have also claimed that assignment of satellite TV broadcasting rights in favour of defendant No. 3 or defendant No. 4 by defendant No. 1 be declared as violative and infringing the sole and exclusive video copyrights assigned in favour of plaintiff No. 1 under the agreement. Other consequential reliefs are also prayed for by plaintiffs.

(3.) AS per plaintiffs, plaintiff No. 1 is partnership concern and plaintiff No. 2 is proprietary concern, both carrying on business of manufacturing and/or as dealers of video cassettes and exhibiting video cassettes commercially and/or home viewing. Defendant No. 1 is proprietorship firm carrying on business of production of cinematograph. Defendant No. 2 is company incorporated in India carrying on business of making video cassettes and/or broadcasting films. As per plaintiffs, defendant No. 3 is company, which enters into an agreement in India with various producers on behalf of defendant No. 4. Defendant No. 3 acts as agent of defendant No. 4 for procuring and acquiring rights from various producers for the purpose of broadcasting and/or causing to broadcast films in India. Defendant No. 4 is company incorporated under the Laws of Hongkong, which has its office in Hongkong.