KHAJANCHI FILM EXCHANGE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioners are seeking relief to direct respondents to prevent infringement of the Copyright of the petitioners and also to restrain illegal screening of the film titled 'Kabhi Khushi Kabhi Gum'.

(2.) The petitioners apprehended that the said cinematograph film would be duplicated and screened by the cable T.V. Network operators and other private operators which would be defeasive of the right of the petitioners under Copyright Act. Producers have not released video rights of the film. The petitioners submit that violation of the provision of Copyright Act by illegal and inconvenient duplication and screening of the cinematograph film has reached immeasurable proportions; video piracy is on rise and it is their common experience that in order to provide for entertainment to their customers, Cable operators indulge in pirated video cassettes screening by using their network without proper authorisation or permission from the Copy right owners; statutory power vests with the police under Section 63 and 64 to take the cognizance and seize infringed copies under Copyright Act, but action is hardly taken by the police.

(3.) Counsel for the petitioners submits that film was to be released on 14/12/2001. The writ petition was filed before this Court by the petitioners on 28-11-2001 before 16 days of release of the film.