PILLALAMARRI LAKSHMIKANTHAM Vs. RAMAKRISHNA PICTURES

JUDGEMENT

(1.) The proprietor of the Modern Publishers at Tenali who have now changed their business name to be "Pillalamarri Publishers" (the Publishers) complain in the suit of infringement of copyright in a book "Tara-sasankam" printed by them in 1945. The author of the book, Kopparapu Subba-rao, they aver, had assigned copyrights to the publishers on 17/01/1945, under Ex. A-1 deed. The book appears to have been written at the suggestion of late Suri Babu, a well known stage and cine actor. Having written, the author assigned the stage rights to Suri Babu and imposed a condition that he (the actor) and another actress Ch. Rajeswari to perform "in combination" the play -- the theme in the book. Suri Babu died in 1966, and on his death, under the terms of Ex. A1 deed the publishers aver that absolute copyrights vested in them. The author died on May, 7, 1957, after the book was printed in three editions by the publishers. The spouse of the author, notwithstanding the transfer in Ex. A1, caused citation once on 28/12/1962, in Andhra Prabha and for the second time on 1/01/1970, in Andhra Jyothi that copyrights in the book vest in her person and that any conversion of the play or theme in the book without her consent will be treated as infringement of rights vested in her. The citations were published, for at that relevant time in particular when the latter citation was published, to impute notice to Ramakrishna Pictures, Vijayawada, (the first defendant) who between 1965, and 1969, filmed the theme of the book. The Film was released in 1969, in as many as twenty-three cinema houses (defendants 6 to 28). The instant suit was laid on 4/12/1969, before the District Judge at Guntur by the publishers to restrain K. Satyanarayana the producer, the five distributors Ramakrishna Pictures, Vijayawada (the first defendant), Purna Pictures (P) Ltd., Viiayawada (the second defendant), Usha Films, Secunderabad (the third defendant), Gowri Film (P) Ltd, Secunderabad (the fourth defendant) and Suresh Films (P) Ltd., Secunderabad (the fifth defendant) and twenty three cinema exhibitors (defendants 6 to 28) to desist screening the picture any further and for having infringed the publishers rights, they have prayed to render account of the collections made by the date of suit. In addition damages were claimed against the producer and the distributors.

(2.) The suit was resisted principally by the producer of the film to hold that Ramakrishna Pictures were the assignees of copyrights in the book by virtue of assignment made by the spouse of the author on 1/04/1967, that they were transferees for value without notice of earlier transfer in Ex. A-1 in favour of the publishers. In the alternative, it was averred the assignment in Ex. A-1 was not true. In the event of Ex. A-1 being true, the publishers having transferred their rights to the Gramophone Company of India at Madras, therefore, have no subsisting rights in the book. In the further alternative it was alleged there was no infringement of the book because the deed in Ex. A-1 was not registered under Section 13 of the Indian Copyright Act III of 1914 read with the provisions in the Copyright Act of 1911 passed by the Parliament of the United Kingdom. In the final alternative it was averred the book is a "national property" referable to a known epic in Sanskrit which in Telugu was dealt by several writers. Sesham Venkatapathi wrote the theme in Telugu in "Prabandham" style in 1704 and in recent times authors like Veera Raghavaswami dealt the theme in Telugu. Therefore, in the theme, there was no monopoly either in the author or the assignee under Ex. A-1 deed and cited as an instance, a picture filmed in 1939, again filmed in Telugu in 1941 by the Director-producer R.S. Prakash.

(3.) The trial Court on 29/05/1973, found that the deed in Ex. A-1 was "not false" but a true transfer in favour of the Publishers. The deed was valid and acted upon by the publishers who printed the book in four editions. The fourth edition was printed in 1959 and in all the editions as transferee under Ex. A-1 deed, the publishers guaranteed their copyrights "zealously" with appropriate declarations in the book. The non-registration of the deed in Ex. A-1 under Section 13 of Act III of 1914 did not defeat their copyrights. That on 7/08/1970 the Gramophone Company of India at Madras in their letter Ex. A-13 did not assert any rights subsisting in them, therefore, the copyrights under Ex. A-1 deed continued to vest in the publishers. That the transfer set up by K. Satyanarayana on 1/04/1967, in favour of the producer was not true. The author of the book was found to have "taken" some characters from Telugu film of 1941. As to the theme, it was held "three important characters". "twelve padyams" and "some dialogues", there was conversion of the book by the producer of the film and ordered injunction as prayed by the publishers. As to damage the producer was found to have "spent Rs. 3,96,000.00" and realised "Rs. 4,60,000/-" and some more amounts for "dubbing the picture". The publishers were held to have suffered no damages however, for the piracy of the book under Sections 55 and 58 of the Copyright Act XIV of 1957, it was observed: "It is impossible to determine what precise part of the defendants profits are attributable to the above borrowed material. I do not therefore consider it necessary to order the taking of an account in this respect. I consider that damages of Rs. 3,000.00 would be just under this head,"