1. The plaintiff has filed the present suit seeking declaration that he is the exclusive copyright holder of Television Telecasting Rights in Tamil film titled 'Elangeswaran' and for injunction restraining the defendants from making any royalty payment to any one except the plaintiff.

Plaint Averments:-

2 (i). According to the plaintiff, the Tamil film titled 'Elangeswaran' was produced by M/s.Sri Sivakami Productions. The original producer assigned the Television Telecasting Rights in favour of M/s.Sridhar Films on 20.12.1989 under Ex.P2 on receipt of royalty amount of Rs.3,000/-. The said M/s.Sridhar Films inturn assigned television telecasting rights in favour one K.Palani for a consideration of Rs.15,000/- on 18.05.1995 under Ex.P3. The said K.Palani inturn assigned the rights in favour of one Mrs.K.Indira Devi for a consideration of Rs.30,000/- on 24.05.1995 under Ex.P4. The plaintiff got assignment of television telecasting rights in the above said film from the said Mrs.K.Indira Devi on 17.03.2011 under Ex.P7 for a consideration of Rs.30,000/-. Thus, the plaintiff claims copyright over the television telecasting rights in the Tamil film 'Elangeswaran'.

2 (ii). The plaintiff further contended that the 1 st defendant by fraudulently obtaining the software of the film 'Elangeswaran' from unknown sources and telecasted the same on 20.12.2014 without the consent and knowledge of the plaintiff. Immediately, plaintiff send a letter to the 1 st defendant informing them about his rights over the telecasting rights of the film and called upon them to stop the payment of royalty amount to any other person. The plaintiff has not received any reply from the 1 st defendant. Thereafter, the plaintiff issued a legal notice on 01.10.2015 calling upon the 1 st defendant to make the payment of royalty amount to the plaintiff and the 1 st defendant was also informed that in case of its default to pay, action would be taken against it for infringement of copyrights.

2 (iii). It was further averred by the plaintiff in his plaint that the plaintiff alone was having right of copyright over telecasting right and 1 st defendant without obtaining any authorisation from the plaintiff stealthily obtained the print of the film from the unknown person and telecasted the same on 20.12.2014. The plaintiff as the exclusive copyright holder of the television telecasting rights in the film is entitled to receive royalty amount for the film 'Elangeswaran' telecasted by the 1 st defendant and 1 st defendant is not entitled to make payment to any person from whom it received the print of the film. Inspite of several notices and letters, the 1 st defendant failed to comply with the lawful request made by the plaintiff and hence, he was constrained to file the suit for the aforesaid relief.

Averments found in the written statement of the 1st defendant:-

3 (i). The 1 st defendant in it's written statement had stated that the film Elangeswaran' was supplied by one N.Govindarajan and the same was telecasted on 20.12.2014 based on the documents furnished by him. The 1 st defendant further contended that the original producer of the film M/s.Sivakami Productions had assigned the rights of the film in favour of one M/s Shyamala Movies on 27.09.1990 for a consideration of Rs.95,000/-. The said M/s Shyamala Movies transferred it's right in favour of one V.Balu on 18.07.2011. The said V.Balu assigned the rights in favour of N.Govindarajan on 17.03.2014 and the said N.Govindarajan submitted the film for telecast to the 1 st defendant.

3 (ii). It was also averred by the 1 st defendant that on receipt of legal notice from the plaintiff payment due to N.Govindarajan was withheld subject to his proving genuinity of his ownership over the telecasting rights of the film. It was also averred in the written statement of the 1 st defendant that it was willing to pay royalty payable to the rightful owner of film subject to the outcome of the decision of the Court. It was averred in the written statement that said N.Govindarajan was a proper and necessary party to the suit.

4. Subsequently, the above said N.Govindarajan named by 1 st defendant was impleaded as 2 nd defendant in the suit and he filed a written statement stating that he adopts the written statement of the 1 st defendant.

5. This Court on 08.07.2019 framed the following issues for trial:-

(i) Whether Sri Sivakami Productions assigned negative rights agreement in favour of A.Ganesan of Ms.Shyamala movies or in favour of M/s.Sridhar films

(ii) Whether K.Palani assigned letter of arrangement in favour of K.Indra Devi as alleged by the Plaintiff

(iii) Whether N.Govindarajan 2 nd defendant is the lawful owner of the film having assigned it from V.Balu by a deed of agreement dated 17.03.2014

(iv) Whether the Plaintiff is the copy right owner of the film Ilangeswaran

(v) Any other relief or reliefs”

Evidence:-

6. On behalf of the plaintiff, he was examined as PW.1 and 18 documents were marked on his side as Exs.P1 to P18. On behalf of defendants, Upper Division Clerk of 1 st defendant office was examined as DW.1 and the 2 nd defendant was examined as DW.2 and 8 documents were marked on their behalf as Exs.D1 to Ex.D8.

Arguments of learned counsel for the plaintiff:-

7. The learned counsel for the plaintiff by taking this Court to the evidence of PW.1 and assignment deeds Exs.P2, P3, P4 and P7 submitted that the plaintiff has proved his copyright over the telecasting rights in the film 'Elangeswaran' and consequently, he is entitled to reliefs prayed for in the suit.

Argument of the learned counsel for the 1 st defendant:-

8. The learned counsel for the 1 st defendant by relying on Ex.D7/Assignment Deed executed by one V.Balu in favour of 2 nd defendant submitted that 2 nd defendant is the owner of telecasting rights of the film 'Elangeswaran'. He further submitted that only after verifying records produced by 2 nd defendant, on being satisfied with his prima facie right over the film, the same was telecasted by 1 st defendant. The learned counsel further submitted that the 1 st defendant obtained an indemnity bond from 2 nd defendant and the same was marked as Ex.D1 and the said document proves the precautionary steps taken by the 1st defendant before telecasting the film.

9. The learned counsel for the 2 nd defendant adopted the arguments of the learned counsel for the 1 st defendant and submitted that under Ex.D7, 2 nd defendant acquired telecasting rights of the film 'Elangeswaran' and consequently, the plaintiff is not entitled to any relief.

Issue Nos.1 to 3:-

10. It is not in dispute that M/s.Sri Sivakami Productions was the original producer of Tamil film 'Elangeswaran', the same can be gathered from xerox copy of the certificate issued by Central Board of Film Certification, which was marked as Ex.D5. In the said document, the name of the producer was mentioned as M/s.Sri Sivakami Productions. As per the case of the plaintiff M/s.Sri Sivakami Productions assigned the telecasting rights of the film in favour of Sridhar Films under Ex.P2 dated 20.12.1989.

11. A perusal of Ex.P2 would suggest that Managing partner of M/s.Sri Sivakami Productions assigned perpetual rights of film 'Elangeswaran' in favour of Sridhar Films for a consideration of Rs.3,000/- on 20.12.1989. As per Section 19 (1) of the Copyrights Act, 1957, the assignment of copyright shall be in writing. Ex.P2 is a letter written by original producer M/s.Sri Sivakami Productions in favour of Sridhar Films mentioning assignment of perpetual television rights in favour of Sridhar Films.

12. As mentioned earlier, the consideration was also mentioned as Rs.3,000/-. In such circumstances, Ex.P2 can be taken as a document evidencing valid assignment of television rights in favour of Sridhar Films. Ex.P3 is a letter written by Partner of Sridhar Films dated 18.05.1995 assigning television rights in three films including 'Elangeswaran' in favour of K.Palani.

13. Ex.P4 is a Deed of Assignment executed by K.Palani in favour of one K.Indira Devi dated 24.05.1995 whereunder television rights of three films including 'Elangeswaran' was assigned in favour of K.Indira Devi for a consideration of Rs.30,000/-. Ex.P5 is a stamped receipt issued by K.Palani in favour of K.Indira Devi for having received Rs.30,000/- for assigning his television rights in three films. Ex.P7 is the assignment deed executed by the said K.Indira Devi in favour of plaintiff dated 17.03.2011 assigning television rights in as many as 14 Tamil films including 'Elangeswaran' in favour of plaintiff for a consideration of Rs.30,000/-. Therefore, a perusal of Exs.P2, P3, P4 and P7 would indicate flow of right in favour of plaintiff from the original producer namely Sivakami Productions.

14. The defendants in their pleadings had averred that the original producer Sivakami Productions assigned the copyrights of the film in favour of one A.Ganesan of M/s Shyamala Movies by a letter dated 27.09.1990. The said Shyamala Movies transferred their right in favour of one V.Balu on 18.07.2011 and the said V.Balu transferred it to 2 nd defendant on 17.03.2014. Even as per the admitted case of the defendants in their written statement, the original producer Sivakami Productions assigned rights in favour of A.Ganesan of M/s Shyamala Movies only on 27.09.1990.

15. The xerox copy of the said letter was produced as Ex.D3. As discussed earlier, original producer Sivakami Productions assigned the telecasting rights in favour of Sridhar Films as early as 20.12.1989 under Ex.P2. Therefore, they had no right to transfer the entire negative rights including television rights in favour of A.Ganesan of M/s Shyamala Movies on a subsequent date viz., 27.09.1990.

16. A perusal of Ex.D3 would suggest that it is not a letter written by original producer Sivakami Productions in favour of A.Ganesan of M/s Shyamala Movies. It is only a letter written by Managing Partner of Sivakami Productions addressed to Vijaya Productions Limited informing them that global negative rights in respect of the film was given to A.Ganesan of M/s Shyamala Movies and hence, they had no objection to transfer the negatives in the name of A.Ganesan of M/s Shyamala Movies. Therefore, the actual assignment deed by original producer Sivakami Productions in favour of A.Ganesan of M/s Shyamala Movies is not before this Court. Further, Ex.D3 is subsequent to Ex.P2 and consequently, the alleged transfer pleaded by the defendants subsequent to the transfer in favour of plaintiff's predecessor is not valid in eye of law. The defendants have not produced any documents to show that A.Ganesan of M/s Shyamala Movies assigned the rights in favour of V.Balu, the predecessor of the 2 nd defendant. Ex.D6 is a letter written by Vijaya Colour Laboratory addressed to V.Balu wherein it was mentioned A.Ganesan of M/s Shyamala Movies had granted exclusive world negative rights including television rights to the addressee namely V.Balu. Therefore, there is no valid document produced by the defendants to show that V.Balu acquired the television rights either from A.Ganesan of M/s Shyamala Movies or from original producer Sivakami Productions. Ex.D7 is a assignment deed executed by V.Balu in favour of 2 nd defendant.

17. In the absence of valid assignment deed to link transfer in favour of V.Balu, the defendants will not acquire any valid television rights in the film 'Elangeswaran'. Hence, the documents Exs.D3, D6 and D7 produced by the defendants do not prove flow of title in favour of 2nd defendant.

18. In view of the discussions made earlier, the plaintiff herein succeeded in proving flow of right in his favour from original producer Sivakami Productions. However, the documents produced by the defendants do not link the flow of rights from original producer of the film to the 2 nd defendant. Further, even as per pleadings of the defendants, the first document relied on by them namely alleged letter written by Sivakami Productions in favour of A.Ganesan of M/s Shyamala Movies dated 27.09.1990 was subsequent to the earliest document relied by the plaintiff namely Ex.P2 dated 20.12.1989. Therefore, this Court comes to the definite conclusion that Sivakami Productions validly assigned television rights in favour of Sridhar films and hence, the Issue No.1 shall be answered accordingly. Ex.P4 dated 24.05.1995 proves assignment of television rights by K.Palani in favour of K.Indira Devi. Hence, Issue No.2 is answered in favour of plaintiff in affirmative.

19. As mentioned earlier, the 2 nd defendant failed to link flow of right from original producer to himself and hence, he cannot claim himself as a lawful owner of the film and consequently, Issue No.3 is answered in favour of the plaintiff against the defendants.

Issue No.4:-

20. In view of the discussions made earlier, this Court comes to a conclusion that the plaintiff succeeded in proving that he is the copyrights owner of television right in Tamil film 'Elangeswaran' by producing Exs.P2, P3, P4 and P7 and accordingly, Issue No.4 is answered in favour of plaintiff and against the defendants.

Issue No.5:-

21. In view of the answer to Issue Nos.1 to 4, the plaintiff is entitled to declaration as prayed for.

22. As a necessary consequence, the 1 st defendant is restrained from making payment of royalty amount for having telecasted the Tamil film Elangeswaran' to any other person except plaintiff.

23. In the facts and circumstances of the case, the plaintiff is entitled to costs of the suit. Conclusion:-

(a) The suit is decreed in respect of prayer for declaration and permanent injunction as prayed for.

(b) The defendants are directed to pay the costs of the suit to the plaintiff.

(c) Consequently, the connected application is closed.