ZEE TELEFILMS LIMITED Vs. AALIA PRODUCTIONS

JUDGEMENT

(1.) BY this action initiated by the plaintiffs it is prayed that the plaintiffs be declared the assignees and owners of all copyrights in the programmes/tele serial "indias MOST WANTED" comprising episodes 1 to 65 already produced and also the further episodes 66 to 104 and that all such copyrights vest in the plaintiffs to the exclusion of any one else in respect of all episodes of the said programme which have been produced and which are to be produced in the future. In the alternative to the said prayer, the plaintiffs have prayed that in respect of episodes 66 to 104 of the said programme it be declared that all copyright therein vest in the plaintiffs as assignees/owners thereof immediately upon the said episodes coming into existence and that assignment agreement Exhibit B read with the addendum Exhibit "c" between the plaintiffs and the defendants assigning in favour of plaintiffs all rights in respect of the programme "indias MOST WANTED", inter alia comprising episodes 66 to 104 is valid and subsisting and that the defendants are bound to perform the said agreement specifically in favour of the plaintiffs by completing the balance production of delivering to the plaintiffs episodes No. 66 to 104 forming part of the above programme. The plaintiffs have prayed by a decree in the sum of Rs. 15 crores as per particulars of claim and injunction restraining the defendants from in any manner directly or indirectly (i) granting or transferring any rights is respect of the said programme comprising episodes 1 to 104 to any one else, (ii) using the title "imw" on signature tune or music or structure or format of the said programme in any other programme whatsoever; (iii) reproducing or publishing or telecasting the said programme or any of the episodes of the said programme "indias MOST WANTED" either in the same name/concept and/or any other name/concept and or those which all be produced hereafter and/or from publishing/telecasting the same in any manner on any TV channel or otherwise howsoever so as to infringe the plaintiffs copyright therein and/or plaintiffs rights under the said assignment agreement and further restraining the defendants in any manner assigning or licensing or disposing of or parting with or transferring or delivering or entering into any arrangement or agreement or acting upon any arrangement or agreement, if any entered into, in respect of the said programme known as "indias MOST WANTED" or any other similar programme/concept so as to constitute any infringements on the rights assigned in favour of the plaintiffs and/or the plaintiffs rights under the said agreement with other ancillary reliefs.

(2.) BY way of the notice of motion taken out by the plaintiffs, pending the hearing and final disposal of the suit, the plaintiffs have prayed for appointment of receiver of further episodes i. e. 66 to 104 of the said programme "indias MOST WANTED" as and when produced by the defendants with all powers under Order 40, Rule 1 of the Code of Civil Procedure to take physical possession thereof and to hand over the same to the plaintiffs and restraining the defendants from in any manner telecasting any of the episodes "indias MOST WANTED" already produced and/or those which would be produced hereafter in the future (i. e. episodes 1 to 104) and/or publishing/telecasting the same in any manner on any TV channel or otherwise howsoever so as to infringe the plaintiffs copyright therein and/or the plaintiffs rights under the said assignment agreement without the express written permission or licence of the plaintiffs and also restraining the defendant from in any manner assigning or transferring and/or disposing off or parting with or transferring or delivering or entering or acting upon any arrangement or acting upon any arrangement or agreement, if entered into, in respect of the programme "indias MOST WANTED" or any other similar programme concept so as to constitute an infringement or the rights assigned in favour for the plaintiffs and/or the plaintiffs rights assigned under the said agreement and further restraining the defendants from in any manner directly or indirectly granting or transferring any rights in respect of the said programme comprising episodes 1 to 104 to any one else, sing the title "imw" on signature, tune, or music or structure or format of the said programme in any other programme whatsoever, reproducing or publishing or telecasting the said programme or any of the episodes of the said programme "indias MOST WANTED" either in the same name/concept or any other name/concept and or those which shall be produced hereafter and/or from publishing/telecasting the same in any manner on any TV channel or otherwise so as to infringe plaintiffs copyright therein and/or the plaintiffs rights under the said agreement.

(3.) IN the assignment agreement dated 14-5-1998 between the plaintiffs and defendants it is recorded that the defendant is in business of producing feature films/tele films/short films/t. V. Audio/chat shows/quiz/tele serials etc. and has expertise to match, shape and emerge to pre-decided theme or story line converted to a script/screenplay as per specifications and currently the defendant is intending to produce the title and specifications mentioned in Schedule I and II attached to the agreement. The production to be so made as per Schedule I and II has been described in the assignment agreement as Programme. It is the case of the plaintiffs that the title of the said programme was given as "indias MOST WANTED" which was to be produced by defendant and the consideration amount payable was Rs. 2,50,000/- per episodes. The number of episodes was fixed at 13 with liberty to the plaintiffs to change the number of episodes at their sole discretion. The plaintiffs have averred that in terms of the said assignment agreement dated 14-5-98, the defendants duly and validly assigned the copyright in respect of the said programme in favour of the plaintiffs and that the plaintiffs have became sole and absolute owners of the copyright in the said programme. The agreement dated 14-5-98 has been annexed as Exhibit A with the plaint. As regards further episodes, the case set out by the plaintiffs is that the defendants sought a revised budget for further episodes and after discussion it was mutually agreed between the parties to have 104 episodes in the aggregate. Accordingly, an assignment agreement was executed on 28-8-98 which is marked as Exhibit "b" to the plaint. Further case of the plaintiffs is that all the episodes 14 to 104 forming part of the said programme were duly assigned to and came to vest in the plaintiffs and they have become owners of the copyright and all rights therein. The defendants produced additional episodes upto and inclusive of 65 episodes under the said agreement and the consideration amount was paid at the rate of Rs. 3,25,000/- per episode. The plaintiffs have averred that vide letter/addendum dated 28-8-98 it was mutually agreed between the parties that the consideration per episode from episode No. 66 onwards for the balance episodes could be increased as to be mutually decided but upto a maximum of 10%. It is plaintiffs case that the defendants from time to time despatched to the plaintiffs 65 episodes of the programme and all the 65 episodes of the said programme have been telecast by the plaintiffs on Zee TV channel. The said programme acquired a distinction, came to be identified by the public with the plaintiffs as the plaintiffs programme and due to plaintiffs reputation for quality of their products and services, the marketability of the said programme has significantly enhanced. The plaintiffs spent large sums of money and developed a substantial goodwill. According to the plaintiffs, the defendants were bound to produce the balance number of episodes 66 to 104 of the said programme, but upon completion of 65th episode, the defendants raised false and artificial dispute by wrongly alleging that plaintiffs were in the process of introducing another similar programme which was totally untrue and the defendants wrongly took up the stand that the assignment agreement was expiring after completion of episode No. 65; the defendants complained in letter dated 16-6-99 that consideration was to be increased by 10% and that from the 66th episode the new budget has not been mutually agreed upon and the defendants wrongly took up the stand that there was no obligation on their part under the agreement to the plaintiffs after 65 episodes. The plaintiffs case is that the defendants wrongly stopped supplying to the plaintiffs episodes of the said programme after 65 episodes though plaintiffs have at all times been ready and willing to perform their part of the contract and were always ready and willing to make payment including increased payment in terms of assignment agreement read with addendum. In the background of these facts, the plaintiff has prayed for the aforesaid reliefs in the suit and interim reliefs by way of notice of motion.