High Court · 2024

C.S.(Comm.Div.) No.237 of 2023IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 02.07.2024CORAM:THE HONOURABLE Mr. JUSTICE P.VELMURUGANC.S. (Comm. Div.) No.237 of 2023D.Deva Vigins Proprietor of M/s.VS International Films,Door No.172, 2nd Floor,Raahat Plaza, Arcot Road,Vadapalani, Chennai – 600 026. ... PlaintiffVs.Miten B.ChhadvaProprietor ofM/s.Kasper Digital,No.30, Andheri Sainath Premises Co-op Society,Mahakali Road, Andheri East,Mumbai – 400 093. ... DefendantCivil Suit is filed under Order VII Rule 1 Civil Procedure Code read with Order IV Rule 1 of the High Court Original Side Rules read with Sections 51, 55 and 62 of the Copyright Act, 1957 and the Copyright (Amendment) Act, 2012 and Section 7 of the Commercial Courts Act, 2015, praying for a judgment and decree against the defendant:1/8 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.237 of 2023a) granting a permanent injunction restraining the defendant, its men, agents, servants, or persons acting on its behalf or claiming through them from in any manner infringing the plaintiff's copyright in respect of the Cinematography film mentioned in the Schedule from exploiting the same through Youtube Channel, Internet or any other digital media / medium.b) for costs of the suit.For Plaintiff: Mr.T.Pazhanivel For Defendants: Set ex parte on 16.11.2023 JUDGMENTThe plaintiff has filed this Civil Suit seeking permanent injunction restraining the defendant in any manner infringing the plaintiff's copyright in respect of the Cinematography film titled “IMAIKKAA NODIGAL” (English dubbed language / version), from exploiting the same through Youtube Channel, Internet or any other digital media / medium.2. The plaintiff is a proprietorship concern doing business inter alia of procuring / purchasing / acquiring Cinematography film/s in all language and exploiting the same in its media including Internet, Youtube Channel/s etc. It 2/8 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.237 of 2023is the case of the plaintiff that it acquired the English language dubbing rights of the Cinematography film titled, “IMAIKKAA NODIGAL” starring Nayanthara, Atharva, Anurag Kashyap in lead roles & others, Music by Hiphop Tamizha, directed by Ajay Gnanamuthu, from the producer of the said film namely M/s.Cameo Films, rep. by its Proprietor Mr.C.J.Jayakumar, by way of an Assignment deed for Dubbing Rights dated 05.07.2021, entered between them after payment of valuable consideration. The rights assigned to the plaintiff by the Producer of the said film was exclusive rights assigned to the plaintiff and hence no one other than the plaintiff can exploit the said rights in any manner. The plaintiff had dubbed the said film in English language after incurring huge expenses and thereby, the plaintiff alone became the exclusive owner / producer of the English dubbed version of the said film. The plaintiff being the exclusive copyrights holder of the said film in English dubbed version, is exploiting the same in its Youtube channel namely “Netfix Movies English” under URL http://youtu.be/RDE09v07Z1s. 2.1 It is found by the plaintiff that the English dubbed version of the said film is unauthorised / without any license uploaded by the defendant after dubbed in English language in its Youtube channel namely, “Kiyoshi 3/8 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.237 of 2023Films” under URL http://youtu.be/qXpUGb0TqFg?si=27Qtp4xRWTyE4Z-f. The defendant have no rights to dub the said Cinematograph Film in English version as the producer of the said film has not assigned the said rights to the defendant, instead the producer had assigned the exclusive dubbing rights of the said film in English language / version to the plaintiff alone. The defendant though well aware of the said fact, had wantonly again dubbed the same in English language without any license and uploaded the same in his Youtube channel thereby infringing the plaintiff's copyright.3. The learned counsel for the plaintiff submitted that due to continued infringement by the defendant, the plaintiff had contacted the defendant several times stating that the plaintiff is the absolute owner of the English dubbed version of the said film and the defendant has no rights to exploit the same in its Youtube channel and called upon the defendant to remove the said film from its Youtube channel. However, the defendant failed to remove the said film from his channel. It is due to which the plaintiff had suffered huge loss which cannot be quantified at present. Despite the defendant received notice sent by the plaintiff, he did not sent a reply but continued to infringe the plaintiff's copyrights. The continued exploitation of the plaintiff's 4/8 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.237 of 2023copyrights by the defendant is not only infringement of plaintiff's valuable copyright but also an offence punishable under the provisions of the Copyrights Act, 1957. Hence, this Court should grant permanent injunction restraining the defendant from infringing the plaintiff's copyrights.4. Despite notice being served on the defendant, he had not chosen to contest the matter. Hence, the defendant was set ex parte.5. In order to prove the case of the plaintiff, he was examined as P.W.1. He had also filed a proof affidavit by reiterating the contents of the plaint filed in support of this suit. Through PW1, Exs.P1 to P10 were marked. 6. Ex.P1 is the censored certificate and Ex.P2 is the Assignment deed for Dubbing rights dated 05.07.2021. Exs.P3 to P7 are the screen shots of the movie exploited in Youtube by the defendant. Ex.P8 is the legal notice dated 10.08.2023 and Ex.P9 is the postal tracking details. Ex.P10 is the original CD.5/8 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.237 of 20237. The defendant neither challenged the averments in the plaint nor challenged the proof affidavit of the plaintiff. Upon hearing the learned counsel for the plaintiff and on analysis of the oral and documentary evidence adduced on the side of the plaintiff, it is clear that the plaintiff has proved his case. 8. In view of the same, the Civil Suit is decreed with costs.02.07.2024(½)bkn6/8 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.237 of 2023ANNEXUREPlaintiff's witness: P.W.1 – Mr.D.Deva ViginsDocuments exhibited by the plaintiff:SNoExhibit Description of the document 1Ex.P1Photocopy of the censored certificate2Ex.P2Photocopy of the Assignment deed for Dubbing rights dated 05.07.20213Ex.P3Printout of the screen shot of the movie exploited in Youtube by the defendant dated 29.04.20234Ex.P4Printout of the screen shot of the movie exploited in Youtube by the defendant dated 06.09.20235Ex.P5Printout of the screen shot of the movie exploited in Youtube by the defendant dated 06.09.20236Ex.P6Printout of the screen shot of the movie exploited in Youtube by the defendant dated 06.09.20237Ex.P7Printout of the screen shot of the movie exploited in Youtube by the defendant dated 05.09.20238Ex.P8Office copy of the legal notice dated 10.08.2023 sent by the plaintiff to the defendant along with postal receipt.9Ex.P9Printout of the postal tracking details10Ex.P10Original CDDefendants' witness: NilDocuments exhibited by the Defendant: Nil02.07.2024(2/2)7/8 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.237 of 2023P.VELMURUGAN, J. bknC.S.(Comm.Div.) No.237 of 202302.07.20248/8

C.S.(Comm.Div.) No.237 of 2023IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 02.07.2024CORAM:THE HONOURABLE Mr. JUSTICE P.VELMURUGANC.S. (Comm. Div.) No.237 of 2023D.Deva Vigins Proprietor of M/s.VS International Films,Door No.172, 2nd Floor,Raahat Plaza, Arcot Road,Vadapalani, Chennai – 600 026. ... PlaintiffVs.Miten B.ChhadvaProprietor ofM/s.Kasper Digital,No.30, Andheri Sainath Premises Co-op Society,Mahakali Road, Andheri East,Mumbai – 400 093. ... DefendantCivil Suit is filed under Order VII Rule 1 Civil Procedure Code read with Order IV Rule 1 of the High Court Original Side Rules read with Sections 51, 55 and 62 of the Copyright Act, 1957 and the Copyright (Amendment) Act, 2012 and Section 7 of the Commercial Courts Act, 2015, praying for a judgment and decree against the defendant:1/8 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.237 of 2023a) granting a permanent injunction restraining the defendant, its men, agents, servants, or persons acting on its behalf or claiming through them from in any manner infringing the plaintiff's copyright in respect of the Cinematography film mentioned in the Schedule from exploiting the same through Youtube Channel, Internet or any other digital media / medium.b) for costs of the suit.For Plaintiff: Mr.T.Pazhanivel For Defendants: Set ex parte on 16.11.2023 JUDGMENTThe plaintiff has filed this Civil Suit seeking permanent injunction restraining the defendant in any manner infringing the plaintiff's copyright in respect of the Cinematography film titled “IMAIKKAA NODIGAL” (English dubbed language / version), from exploiting the same through Youtube Channel, Internet or any other digital media / medium.2. The plaintiff is a proprietorship concern doing business inter alia of procuring / purchasing / acquiring Cinematography film/s in all language and exploiting the same in its media including Internet, Youtube Channel/s etc. It 2/8 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.237 of 2023is the case of the plaintiff that it acquired the English language dubbing rights of the Cinematography film titled, “IMAIKKAA NODIGAL” starring Nayanthara, Atharva, Anurag Kashyap in lead roles & others, Music by Hiphop Tamizha, directed by Ajay Gnanamuthu, from the producer of the said film namely M/s.Cameo Films, rep. by its Proprietor Mr.C.J.Jayakumar, by way of an Assignment deed for Dubbing Rights dated 05.07.2021, entered between them after payment of valuable consideration. The rights assigned to the plaintiff by the Producer of the said film was exclusive rights assigned to the plaintiff and hence no one other than the plaintiff can exploit the said rights in any manner. The plaintiff had dubbed the said film in English language after incurring huge expenses and thereby, the plaintiff alone became the exclusive owner / producer of the English dubbed version of the said film. The plaintiff being the exclusive copyrights holder of the said film in English dubbed version, is exploiting the same in its Youtube channel namely “Netfix Movies English” under URL http://youtu.be/RDE09v07Z1s. 2.1 It is found by the plaintiff that the English dubbed version of the said film is unauthorised / without any license uploaded by the defendant after dubbed in English language in its Youtube channel namely, “Kiyoshi 3/8 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.237 of 2023Films” under URL http://youtu.be/qXpUGb0TqFg?si=27Qtp4xRWTyE4Z-f. The defendant have no rights to dub the said Cinematograph Film in English version as the producer of the said film has not assigned the said rights to the defendant, instead the producer had assigned the exclusive dubbing rights of the said film in English language / version to the plaintiff alone. The defendant though well aware of the said fact, had wantonly again dubbed the same in English language without any license and uploaded the same in his Youtube channel thereby infringing the plaintiff's copyright.3. The learned counsel for the plaintiff submitted that due to continued infringement by the defendant, the plaintiff had contacted the defendant several times stating that the plaintiff is the absolute owner of the English dubbed version of the said film and the defendant has no rights to exploit the same in its Youtube channel and called upon the defendant to remove the said film from its Youtube channel. However, the defendant failed to remove the said film from his channel. It is due to which the plaintiff had suffered huge loss which cannot be quantified at present. Despite the defendant received notice sent by the plaintiff, he did not sent a reply but continued to infringe the plaintiff's copyrights. The continued exploitation of the plaintiff's 4/8 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.237 of 2023copyrights by the defendant is not only infringement of plaintiff's valuable copyright but also an offence punishable under the provisions of the Copyrights Act, 1957. Hence, this Court should grant permanent injunction restraining the defendant from infringing the plaintiff's copyrights.4. Despite notice being served on the defendant, he had not chosen to contest the matter. Hence, the defendant was set ex parte.5. In order to prove the case of the plaintiff, he was examined as P.W.1. He had also filed a proof affidavit by reiterating the contents of the plaint filed in support of this suit. Through PW1, Exs.P1 to P10 were marked. 6. Ex.P1 is the censored certificate and Ex.P2 is the Assignment deed for Dubbing rights dated 05.07.2021. Exs.P3 to P7 are the screen shots of the movie exploited in Youtube by the defendant. Ex.P8 is the legal notice dated 10.08.2023 and Ex.P9 is the postal tracking details. Ex.P10 is the original CD.5/8 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.237 of 20237. The defendant neither challenged the averments in the plaint nor challenged the proof affidavit of the plaintiff. Upon hearing the learned counsel for the plaintiff and on analysis of the oral and documentary evidence adduced on the side of the plaintiff, it is clear that the plaintiff has proved his case. 8. In view of the same, the Civil Suit is decreed with costs.02.07.2024(½)bkn6/8 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.237 of 2023ANNEXUREPlaintiff's witness: P.W.1 – Mr.D.Deva ViginsDocuments exhibited by the plaintiff:SNoExhibit Description of the document 1Ex.P1Photocopy of the censored certificate2Ex.P2Photocopy of the Assignment deed for Dubbing rights dated 05.07.20213Ex.P3Printout of the screen shot of the movie exploited in Youtube by the defendant dated 29.04.20234Ex.P4Printout of the screen shot of the movie exploited in Youtube by the defendant dated 06.09.20235Ex.P5Printout of the screen shot of the movie exploited in Youtube by the defendant dated 06.09.20236Ex.P6Printout of the screen shot of the movie exploited in Youtube by the defendant dated 06.09.20237Ex.P7Printout of the screen shot of the movie exploited in Youtube by the defendant dated 05.09.20238Ex.P8Office copy of the legal notice dated 10.08.2023 sent by the plaintiff to the defendant along with postal receipt.9Ex.P9Printout of the postal tracking details10Ex.P10Original CDDefendants' witness: NilDocuments exhibited by the Defendant: Nil02.07.2024(2/2)7/8 https://www.mhc.tn.gov.in/judis C.S.(Comm.Div.) No.237 of 2023P.VELMURUGAN, J. bknC.S.(Comm.Div.) No.237 of 202302.07.20248/8