MUPPALA RANGANAYAKAMMA Vs. K RAMALAKSHMI

JUDGEMENT

(1.) Smt. Muppala Ranganayakamma laid a complaint under section 63 of Copyright Act of 1957 and Section 190 of Criminal Procedure Code against the respondents 1 to 5 herein with the allegation that she is the Authoress of the novel "Ide Na Nyayam", that in the year 1966 the same was published as a serial in "Yuva" a leading Telugu monthly magazine and later got the novel published in a book form in the year 1968. She claimed that being the Authoress, she acquired copyright in the said novel. She further contended that all the respondents herein infringed her exclusive copyright in the said novel by making Cinematograph film under the title "Gorintaku" substantially adopting the story of the said novel written by her with the same sequence of events, several incidents, expressions and sentiments with minor variations to suit the screen and sentiments of the cinema public and to make the film appear as though it is not a replica of the novel. The film was released on 19-10-1979 and was being exhibited throughout the State of Andhra Pradesh and in some theatres of Tamil Nadu, Karnataka and Orissa and that the film was being exhibited in Sobhana (Balanagar) Sridevi, Alankar and Shanti Theatres. According to her, the first respondent herein is shown as the story writer and the 2nd respondent is shown the story writer and 2nd respondent is shown as script writer (screen, adaptation and dialogues). The 3rd and 4th respondents herein are shown as producers of the said film under the banner of "Yuva Chitra" and the 5th respondent herein is shown as the Distributor of the said film.

(2.) The respondents herein in their petition Crl. M.P. No. 1492 of 1980 raised a preliminary objection as to the maintainability of the complaint and contended that the film "Gorintaku" was picturised and shot at Visakhapatnam, that the respondents 1 to 4 are the residents of Madras and the 5th respondent is the Distributor at Vijayawada, the film was produced at Madras, that respondents 1 and 2 were not the owners of the film by the time the film was completed, that the complainant herself got printed the novel "Ide Na Nyayam" at Vijayawada and that the infringement and cause of action did not arise and as such the court has no jurisdiction to try the case. It was further contended that on the basis of the allegations made in the complaint that the offence can at best be deemed to have been committed at Madras where the film was produced and the sequences also ensued at Madras by way of the alleged infringement of copyright written by the complainant. The learned Magistrate was of the view that having regard to the provisions of Secs. 177 and 182 Cr.P.C., it cannot be said that the alleged offence of infringement of copy has been committed within the territorial jurisdiction of the Court of Hyderabad and further observed that in view of the fact that the complainant has not chosen to proceed against the exhibitor who caused the film to be screened at Sobhana Theatre, Balanagar and other theatres within the jurisdiction of the Court at Hyderabad, it has no territorial jurisdiction to entertain the criminal complaint. Accordingly, he returned the complaint to the petitioner herein for presentation to the proper court. It is against order passed by the learned Magistrate returning the complaint for presentation to proper court, this revision is directed.

(3.) In this revision, the only contention urged by the learned counsel for the petitioner is that the impugned order of the learned Magistrate expressing lack of territorial jurisdiction is illegal, irregular and contrary to law and facts of the case. He further contended that the entire process from the stage of writing of the story and dialogues, making and editing the film, distribution of the film and exhibiting the film on the screen constitutes the offence of infrirngement of Copy Right under the Copy-right Act, 1957 and that the courts at any one of such places have got jurisdiction to entertain the case.