Case Note & Summary
The plaintiff, Everest Entertainment LLP, filed a suit for copyright infringement against the defendants, including Mahesh Vaman Manjrekar, Great Maratha, Krizolh Filmz LLP, Satyasai Productions Private Limited, Rahul Sughand, Rahul Puranik, and Zee Entertainment Enterprises Limited, seeking an interim injunction to restrain the release of the Marathi film 'Mukkam Post'. The plaintiff claimed that it owned the copyright in the script of 'Mukkam Post' through an assignment from the author, and that the defendants' film was substantially similar to its script. The court compared the plaintiff's script with the defendants' film and found striking similarities in the storyline, characters, and key scenes. The court held that the plaintiff had made out a strong prima facie case of copyright infringement. The balance of convenience was in favour of the plaintiff as the film had not yet been released, and the plaintiff would suffer irreparable loss if the injunction was not granted. The court granted an interim injunction restraining the defendants from releasing the film 'Mukkam Post' until the disposal of the suit. The court also directed the defendants to file their written statements within four weeks.
Headnote
A) Copyright Law - Interim Injunction - Prima Facie Case - Section 14, 51, 55, 62 Copyright Act, 1957 - Plaintiff claimed copyright in script 'Mukkam Post' and alleged that defendants' film 'Mukkam Post' infringed the same - Court found substantial similarity between plaintiff's script and defendants' film based on comparison of story, characters, and scenes - Held that plaintiff has made out a strong prima facie case for grant of interim injunction (Paras 10-25). B) Copyright Law - Balance of Convenience - Irreparable Loss - Section 55 Copyright Act, 1957 - Plaintiff sought injunction to prevent release of film pending trial - Court held that balance of convenience lies in favour of plaintiff as defendants had not yet released the film and plaintiff would suffer irreparable loss if injunction is not granted - Held that defendants can be compensated by damages if ultimately successful (Paras 26-30). C) Copyright Law - Assignment of Copyright - Exclusive License - Section 18, 19 Copyright Act, 1957 - Plaintiff claimed to be exclusive licensee of script from author - Court noted that assignment deed was executed and plaintiff had exclusive rights - Held that plaintiff has locus standi to sue for infringement (Paras 5-9).
Issue of Consideration
Whether the plaintiff has made out a prima facie case for grant of interim injunction restraining the defendants from releasing the film 'Mukkam Post' on the ground of copyright infringement in the script and cinematograph film.
Final Decision
Interim injunction granted restraining defendants from releasing the film 'Mukkam Post' until disposal of the suit. Defendants directed to file written statements within four weeks.
Law Points
- Copyright Act
- 1957
- Section 14
- Section 51
- Section 55
- Section 62
- prima facie case
- balance of convenience
- irreparable loss
- substantial similarity
- cinematograph film
- script
- literary work
- assignment of copyright
- exclusive licensee
- interim injunction
