Case Note & Summary
The plaintiffs, Mr. Dilip Jadhav (plaintiff no.1) and Marathi Natyavyavasayik Nirmata Sangh (plaintiff no.2), filed a suit seeking to restrain the defendants from dealing with video copies of the cinematograph film of the Marathi drama 'Ala Bahar Lavanila / Ala Lavanila Bahar'. Plaintiff no.2 is an association of Marathi drama producers registered under the Public Trust Act, 1950 and the Societies Registration Act, 1860. Defendant no.1 is the Chairperson of plaintiff no.2, and defendant no.2 is a distributor of video films and CDs. The plaintiffs alleged that defendant no.1, in collusion with defendant no.2, was selling video copies of the film without authorization, thereby infringing the plaintiffs' copyright. The plaintiffs filed a Notice of Motion seeking appointment of a Court Receiver and an interim injunction. The court examined the facts and found that the plaintiffs had made out a prima facie case of ownership of copyright in the cinematograph film. The balance of convenience was in favor of granting an injunction to prevent further infringement. The court appointed the Court Receiver as receiver of the infringing video copies with powers under Order XV Rule 1 of the CPC. The defendants were restrained from dealing with the video copies pending the disposal of the suit.
Headnote
A) Copyright Law - Cinematograph Film - Ownership - Section 2(d)(vi), Section 17, Copyright Act, 1957 - The plaintiff no.2, an association of Marathi drama producers, claimed copyright in the cinematograph film of the drama 'Ala Bahar Lavanila / Ala Lavanila Bahar'. The court held that the producer of the cinematograph film is the first owner of copyright under Section 17, and the plaintiff no.2, being the producer, had a prima facie case of ownership. (Paras 1-5) B) Copyright Law - Infringement - Interim Injunction - Order XXXIX Rules 1 and 2, Code of Civil Procedure, 1908 - The court found that the defendants were selling video copies of the film without authorization, which amounted to infringement of the plaintiffs' copyright. The balance of convenience was in favor of granting an injunction to prevent further infringement pending trial. (Paras 6-10) C) Civil Procedure - Receiver - Appointment - Order XL Rule 1, Code of Civil Procedure, 1908 - The court appointed the Court Receiver as receiver of the infringing video copies with powers under Order XV Rule 1 of the CPC to take possession and prevent further distribution. (Para 11)
Issue of Consideration
Whether the plaintiffs have made out a prima facie case for grant of interim injunction restraining the defendants from dealing with video copies of the cinematograph film of the Marathi drama 'Ala Bahar Lavanila / Ala Lavanila Bahar'.
Final Decision
The court allowed the Notice of Motion and appointed the Court Receiver as receiver of all cassettes, ACDs, VCDs, and DVDs of the cinematograph film of the programme 'Ala Bahar Lavanila / Ala Lavanila Bahar' with all powers under Order XV Rule 1 of the CPC. The defendants were restrained from dealing with, selling, reproducing, or making copies of the said film pending the disposal of the suit.
Law Points
- Copyright in cinematograph film vests in producer
- unauthorized reproduction and distribution of video copies of dramatic work constitutes infringement
- interim injunction granted to protect copyright pending trial
