GARWARE PLASTICS AND POLYSTER LIMITED Vs. TELELINK

JUDGEMENT

(1.) The plaintiffs in Suit No. 87 of 1989 claim to be the Assignees of a copyright in relation to Cinematograph Films listed in the plaint to be shown on T.V. screen by means of video cassettes, disc and/or tapes of such films. This is popularly known as Video Copyright. The suit is filed by the plaintiffs in a representative capacity on behalf of persons who hold an assignment of Video copyrights in respect of cinematograph films.

(2.) The plaintiffs in Suit No. 151 of 1989 are the producers of cinematograph films, who have retained with themselves the video copyrights in respects of such films. Some of these producers have granted the right of telecasting their films to the Government of India or Doordarshan but have retained with themselves the right to telecast films, inter alia, by Cable T.V.

(3.) These two suits have been filed against various persons who obtain video cassettes of cinematograph films from the market and show video films over a Cable T.V. network which they have set up in various houses, apartments or localities for a fee which they call, maintenance charges. Any person whose T.V. network which they have set up in various houses, apartments or localities for a fee which they call ,maintenance charges. Any person whose T.V. set is connected to such a Cable T.V. network can, by payment of certain charges have the benefit of viewing on his home T.V. set video films shown by the defendants on their Cable T.V. network. According to the plaintiffs in both these suits, by showing films over the Cable T.V. network the defendants have committed breach of their copyright. The present Notices of Motion have been taken out by the plaintiffs to restrain the defendants from communicating by way of exhibition or broadcasting over T.V. either by wire of by wireless diffusion by means of a Cable T.V. network or dish antenna any film in which they do not possess video copyrights.