In a copyright and injunction suit, the High Court directed that notice be issued to the second defendant through the Court and privately, returnable by a specified date, to determine the validity of rights assignment by the first defendant.
Notice issued to the second defendant through Court and privately; returnable by 09.11.2020.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
A.No.521 of 2020 in C.S.No.282 of 2020
A.No.521 of 2020 in C.S.No.282 of 2020
C.V.KARTHIKEYAN J,
The first defendant has filed Caveat. Learned counsel for the plaintiff insists for an order of injunction to be granted as against the second defendant. It is the grievance of the learned counsel for the plaintiff that the movie “Vaalee” which was actually produced way back in the year 1999 by the first defendant had a strong element of the plaintiff's input by way of being the author of the story and also dialogue writing. The plaintiff claims that the first defendant though Producer, cannot assign any rights without notice to the plaintiff. It is understood that the first defendant had granted some rights to the second defendant. It is also pointed out by the learned counsel for the first defendant / caveator that the movie has been actually remade and has also been dubbed in Kannada language way back, nearly about 20 years ago.
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A.No.521 of 2020 in C.S.No.282 of 2020
Jer
C.V.KARTHIKEYAN J,
returnable by 09.11.2020. Notice through E-mail is also permitted.
28.10.2020
Jer
A.No.521 of 2020 in C.S.No.282 of 2020
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2 issues framed by the court
Whether notice should be issued to the second defendant in a suit for injunction regarding rights assigned to a movie.
Whether the first defendant can assign rights to the second defendant without notice to the plaintiff who claims to be the author.
Plaintiff
First Defendant
Second Defendant
C.V. Karthikeyan J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
