Case Note & Summary
The suit pertained to copyright infringement of exclusive internet webcasting rights over 21 Tamil films. The plaintiff, a proprietor of a cinema business, claimed to have acquired these rights from a predecessor-in-interest through an assignment deed dated 27.01.2020. The suit was initially filed against two defendants: the first defendant was a production entity, and the second defendant was a media company. Before trial, the first defendant entered into a memorandum of compromise on 20.12.2024, agreeing not to telecast 14 of the films and paying Rs.75,000 as compensation. Consequently, the suit against the first defendant was disposed of on 08.01.2025. The second defendant, despite being served summons on 16.05.2024, did not enter appearance and was set ex parte on the same date. The plaintiff then adduced evidence and exhibited 12 documents, including the assignment deed (Ex.P7) and a letter from the second defendant acknowledging the plaintiff's rights (Ex.P11). The plaintiff sought a declaration of sole ownership, permanent injunction against infringement, and damages of Rs.1,50,000. The court, after examining the evidence, held that the plaintiff had proved ownership through a clear chain of title and that the second defendant had infringed those rights by unauthorized telecast. In the absence of any contra evidence, the claim for declaration and injunction stood proved. Damages were assessed at Rs.1,50,000, being roughly 70% of the consideration paid for the assignment, and were awarded with 6% interest per annum. The plaintiff, as the successful party, was also awarded Rs.3,00,000 as costs. The suit was decreed ex parte against the second defendant.
Headnote
A) Copyright - Ownership of Internet Webcasting Rights - Assignment Deed Validity - Indian Copyright Act, 1957, Sections 55, 62 - Plaintiff's ownership was proved through chain of assignments from original producers to predecessor-in-interest and finally to plaintiff under deed dated 27.01.2020 for 21 films - Held that plaintiff is sole and absolute owner of exclusive internet webcasting rights (Paras 5-6) B) Copyright - Infringement - Unauthorized Telecast on OTT Platforms - The second defendant infringed plaintiff's rights by telecasting suit films despite acknowledging plaintiff's rights and agreeing to withdraw; second defendant's failure to appear led to ex parte decree - Held that permanent injunction restraining infringement was warranted (Paras 4, 6) C) Damages - Assessment - Reasonable Compensation - Damages of Rs.1,50,000 awarded as reasonable compensation, being 70% of consideration paid for assignment, with 6% interest per annum from plaint date (Para 6) D) Costs - Litigation Expenses - Court awarded Rs.3,00,000 costs against second defendant for court fees, lawyer's fees, and other expenses (Para 6)
Issue of Consideration
Whether the plaintiff is the exclusive owner of the internet webcasting rights over the suit films and entitled to declaration, permanent injunction, and damages for infringement
Final Decision
Suit decreed ex parte against the second defendant with a declaration of plaintiff's exclusive internet webcasting rights, permanent injunction restraining infringement, damages of Rs.1,50,000 with 6% p.a. interest from the date of plaint till realization, and costs of Rs.3,00,000
Law Points
- Legal points not extracted
- Proof of copyright ownership through assignment deed
- ex parte decree upon failure to contest after service
- assessment of damages as reasonable compensation based on consideration paid
- procedure for copyright infringement suits under Sections 55 and 62 of Copyright Act
- 1957
