Application by the plaintiff in a copyright infringement suit over the film 'BIGIL' to amend the plaint after the film's release, adding similarities with his script and new documents. The court held the amendment sought to embellish the plaint and fill lacunae, and dismissed the application with costs.
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.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
MONDAY, THE 16TH DAY OF AUGUST 2021
THE HON'BLE DR. JUSTICE G.JAYACHANDRAN
A.No.654 of 2020
in
C.S.No.620 of 2019
Mr.Amjath Meeran, No.18, Abdullah Street, Choolaimedu, Chennai – 600 094.
...Plaintiff / Applicant
/versus/
...Respondents / Respondents
Application praying that this Hon'ble Court be pleased to allow https://hcservices.ecourts.gov.in/hcservices/
this application permitting the Applicant/Plaintiff to carry out the following
2
amendments in the Plaint.
a). The following points may be added to the beginning of Paragraph 7 of the plaint:-
The Plaintiff has created the script in the name of BRASIL in the year 2014. A film script is basically developed from one-line story to a bound script. During this stage, various factors like characters, concepts, story developed and story will be developed as script which is called the evolution of a movie script. During this period, the story writer, i.e., the Plaintiff who has been working in cohesion with his team, i.e., co-writers, assistant writers and associated technicians, shares the story files at each stage of evolution with his team through email in order to get constant feedbacks. The above-said emails shared by the Plaintiff with his team is filed herewith as a proof of evolution of BRASIL story to script. The Plaintiff has sent the email dated 2nd August 2014 with the attachment of BRASIL CHARACTER MAP with ROYAPPAN as the Core Character and the same has been filed herewith as a proof that the character ROYAPPAN has been first created and registered by this Plaintiff. Further, the Plaintiff has registered the first version of the script in Writers Guild of America and received certificate of registration on 27th July 2015.
b). The point in paragraph 7 of the plaint :- The WGAW registry has replied stating the copy of the registered copy will be issued within two weeks and for this reason the plaintiff is not in a position to file the copy of the registration certificate of the certified script before this Hon'ble Court may be modified as follows :-
The WGAW registry has replied stating that the registered script along with copy of the registration certification will be send in the form of soft copy to the Plaintiff. As the Plaintiff is yet to receive the same and the Plaintiff is https://hcservices.ecourts.gov.in/hcservices/ not in a position to file the copy of the registration certificate of copyrighted
3
script before this Hon'ble Court. However, the bounded script of the Plaintiff which got copyrighted is filed herewith. The Plaintiff craves leave of this Hon'ble Court for filing the registration certification as and when received by the Plaintiff from WGAW Registry.
c).The following may be added to Paragraph No.11 of the Plaint:
Further, the infringed film BIGIL got released on 25th October 2019. After watching the movie, the Plaintiff is absolutely certain of infringement of copyrighted script BRASIL by the Defendants. It is pertinent to mention here that the Plaintiff has initially filed the suit before the release of the infringed film BIGIL seeking for permanent injunction against the release of infringed film BIGIL and appointment of advocate commission or committee of story writers/ experts from the film industry to quantify the copying/stealing done by the Defendants and file a detailed report before this Hon'ble Court to determine the infringement of Plaintiff's copyrighted script by the Defendants. Now that the infringed film BIGIL has been released and even telecasted on TV channel, it is just and necessary to make the necessary amendments to the plaint. Though the infringed film has been released, the cause of action of this suit and the copyright infringement by the Defendants remain unchanged.
d).The following may be modified to Paragraph 13 of the Plaint:
The Plaintiff submits that the following similarities found between the infringed film BIGIL and the plaintiff's copyrighted script are as follows:
“SIMILARITIES BETWEEN INFRINGED FILM 'BIGIL' & PLAINTIFF COPYRIGHTED SCRIPT BRASIL”
| S.No. Description rts.gov.in/hcservices/ |
BIGIL | BRASIL |
|---|---|---|
| 1. MAINPROTAGONIST Name |
ROYAPPAN | ROYAPPAN |
4
S.No.
| S.No. | Description | BIGIL | BRASIL |
|---|---|---|---|
| Characteristic ideology: | A mid-aged man living in a slum area amongst poor people. Royappan goes against the Football federation to save the deserving football players from the people who prevents them from playing the football game. |
The name characteristic and ideology of the character Royappan are the same. |
|
| 2. | Rowdy turned Coach | The players refusing to accept the new coach as he looks and behaves like a rogue, but they didn't know that he used to be a reputed football player earlier in his life. |
The Players refusing to accept the coach as the coach is a good for nothing guy and a rogue, but they didn't know that he used to be a reputed football player earlier in his life. Again, not just the concept but even the above dialogues are similar. |
| 3. | Similar scenes & Shots:1 | The scene where the male protagonist (Actor Vijay) gets into a dilapidated room, where he sees and reminisces his glorious part as a football player (by looking at a memory trunk box which has old football jersey, T-Shirts, cups he has won, old football, images of football players). Some of key twists like when the coach is accepted by the once denied team of football players Football federation scenes and few other where Royappan goes to argue or fight for the rights of the football players |
These scenes are exact replica of the Plaintiff's copyrighted script BRASIL |
| 4. urts.gov |
Similar scenes & Shots:2 .in/hcservices/ |
Football players getting affected due to rowdies ever since the ROYAPPAN's introduction scene |
These scenes are exact replica from the plaintiff's copyrighted script BRASIL. |
| 5. | Similar Scenes & Shots:3 | The important twist of the | BRASIL has a fight |
5
S.No.
| S.No. | Description |
BIGIL | BRASIL |
|---|---|---|---|
| male protagonist follows right after the fight sequence is in Railway Station before the football team boards the train. |
sequence before the team board the flight. After the said fight, the male protagonist's character changes which itself is the important twist to the story. |
||
| 6. | Similar Scenes & Shots:4 | The entire team will be put to a big question mark about their performance in the finals because of 3 players– a fat girl whose physic itself a problem, the married girl stopped playing after marriage by her husband and a victim girl of acid attack |
The entire team will be sloggingbecause of 3 players. It is because 3 of them are the most wanted by the villains. |
e). The following point may be replaced in paragraph 14 of the Plaint:
f). The following point may be added to Paragraph 15 of the Plaint:
and on 25th October 2019 when the infringed film got released and when the Plaintiff watched the infringed film BIGIL and confirmed that the infringed film BIGIL is a colorable imitation of the Plaintiffs copyrighted script.
g). The following may be replaced in paragraph 16 of the Plaint:
6
film BIGIL. The infringed film BIGIL' clearly reveals the whole subject matter and core character of the infringed film BIGIL' is similar to the Plaintiffs copyrighted script BRASIL'.
h). The following points may be deleted in Paragraph 16 of the Plaint:
The Plaintiff has a prima facie case and it is just and necessary to grant permanent injunction from releasing and/or screening of the infringed film BIGIL' along with other reliefs sought for in the suit. The Defendant have announced that the infringed film BIGIL' will be released on 25th October 2019, hence the Plaintiff has no other alternate remedies except to file the present suit for permanent injunction and for damages. The Plaintiff submits that if the Defendants succeed to release the infringed film BIGIL' on 25th October 2019 or attempt to release or screen the infringed film BIGIL' on some other dates, the Plaintiff will be put to great hardship and loss.”
i). The following may be added to the Paragraph 16 of the Plaint:
Though the infringed film BIGIL got released on 25th October 2019 despite this suit, the Plaintiff's right to seek for declaration that the script of the infringed film BIGIL belongs to the Plaintiff along with other reliefs sought for in the prayer survives, hence this Plaintiff has no other alternate reliefs except to continue with this suit for the reliefs sought for in the prayer.
j). The following may be deleted in Paragraph 18 of the Plaint:
a) The Plaintiff values the relief of injunction claimed in para 20 (b) at Rs.2000/- and pays court fee of Rs.150/- under Section 27 (b) of the Tamil Nadu Court Fees and Suit Valuation Act read with Appendix 1-A of the Madras High https://hcservices.ecourts.gov.in/hcservices/ Court Fee Rules.
7
b). The relief of direction claimed in para 20 (c) at Rs.2000/ - is consequential in nature, hence not valued separately.
k). The following may be deleted in Paragraph 20 of the Plaint:
a). To grant permanent injunction restraining the Defendants by themselves, itself or through its men, servant, agents, or any one claiming through the Defendants in any manner from releasing and/ or screening of the infringed film `BIGIL' in any form or style on 25th October 2019 or any other date.
b). To appoint advocate commissioner or a committee of story writer(s) or experts from the film industry to quantify the copying/stealing done by the Defendants in the infringed film `BIGIL' from the copyrighted script of the Plaintiff 'BRASIL' and to file a detailed report before the Hon'ble Court to determine the infringement of Plaintiff's copyrighted script by the Defendants;
1) The following may be added to the list of documents filed under Order XI Rule 1 of CPC and Amended Act 4 of 2016
| 5 | 02.08.2014 | E-mail along with attachment BRASIL CHARACTER MAP with ROYAPPAN as the Core Character |
PHOTOCOPY |
|---|---|---|---|
| 6. | 2014-2017 | Series of emails shared by the plaintiff to his team of BRASIL script |
PHOTOCOPY |
| 7. | -- | The Bound copyrighted script plaintiff- BRASIL |
PHOTOCOPY |
This application coming on this day before this Court for hearing
through video conferencing in the presence of Mr.S.Rajesh for Mr.M.S.Murali, Advocates for the applicant herein and Mrs.V.Saradha
Devi, Advocate for the 1st respondent / 1st defendant herein and https://hcservices.ecourts.gov.in/hcservices/ Mr.K.Harishankar, advocate for the respondents 2 & 3 / defendants 2 & 3
8
herein and upon reading the Judge's Summons and the common affidavit of
Amjath Meeran filed herein and this court is of the view that this sort of applications cannot be entertained in a copyright suit where the Author of the work must come to the Court with all materials which he has conceived and expressed, after the suit he cannot introduce facts one after another so as to embellish the original plea, and the plea that the basic relief sought not altered cannot be an excuse to amend the plaint particularly in a suit for infringement of copyright, where the plaintiff is supposed to prove his prior conceivement, expression and formulation of the idea, it is ordered as follows:-
That the A.No.654 of 2020 be and is hereby dismissed.
Fifty Thousand Only) as costs to the 1st respondent / 1st defendant herein.
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 16TH DAY OF AUGUST 2021.
Sd/-
ASSISTANT REGISTRAR (Comm cases) //Certified to be true copy//
Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
9
EVK
27/08/2021
A.No.654 of 2020 in
C.S.No.620 of 2019
ORDER
DATED : 16.08.2021
THE HON'BLE DR.JUSTICE G.JAYACHANDRAN
FOR APPROVAL: 01/09/2021
APPROVED ON: 02/09/2021
10
IN THE HIGHCOURT OF JUDICATURE AT MADRAS
Dated: 16.08.2021
Coram:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
A.No.654 of 2020 in C.S.No.620 of 2019
Mr.Amjath Meeran, No.18, Abdullah Street, Choolaimedu, Chennai – 600 094.
... Applicant
/versus/
Respondents
Prayer:- This Application is filed under order XIV Rule 8 of Original Side
11
Rules read with Order VI Rule 17 of C.P.C.
(i). This Application should not be treated as urgent?
(ii). This Court is pleased to allow this application permitting the applicant/plaintiff to carry out the following amendments in the plaint.
a). The following points may be added to the beginning of Paragraph 7 of the plaint:-
The Plaintiff has created the script in the name of BRASIL in the year 2014. A film script is basically developed from one-line story to a bound script. During this stage, various factors like characters, concepts, story developed and story will be developed as script which is called the evolution of a movie script. During this period, the story writer, i.e., the Plaintiff who has been working in cohesion with his team, i.e., co-writers, assistant writers and associated technicians, shares the story files at each stage of evolution with his team through email in order to get constant feedbacks. The above-said emails shared by the Plaintiff with his team is filed herewith as a proof of evolution of BRASIL story to script. The Plaintiff has sent the email dated 2nd August 2014 with the attachment of BRASIL CHARACTER MAP with ROYAPPAN as the Core Character and the same has been filed herewith as a proof that the character ROYAPPAN has been first created and registered by this Plaintiff. Further, the Plaintiff has registered the first version of the script in Writers Guild of America and received certificate of registration on 27th July 2015.
b). The point in paragraph 7 of the plaint :- The WGAW registry has replied stating the copy of the registered copy will be issued within two weeks and https://hcservices.ecourts.gov.in/hcservices/ for this reason the plaintiff is not in a position to file the copy of the registration certificate of the certified script before this Hon'ble Court may be modified as
12
follows :-
The WGAW registry has replied stating that the registered script along with copy of the registration certification will be send in the form of soft copy to the Plaintiff. As the Plaintiff is yet to receive the same and the Plaintiff is not in a position to file the copy of the registration certificate of copyrighted script before this Hon'ble Court. However, the bounded script of the Plaintiff which got copyrighted is filed herewith. The Plaintiff craves leave of this Hon'ble Court for filing the registration certification as and when received by the Plaintiff from WGAW Registry.
c).The following may be added to Paragraph No.11 of the Plaint:
Further, the infringed film BIGIL got released on 25th October 2019. After watching the movie, the Plaintiff is absolutely certain of infringement of copyrighted script BRASIL by the Defendants. It is pertinent to mention here that the Plaintiff has initially filed the suit before the release of the infringed film BIGIL seeking for permanent injunction against the release of infringed film BIGIL and appointment of advocate commission or committee of story writers/ experts from the film industry to quantify the copying/stealing done by the Defendants and file a detailed report before this Hon'ble Court to determine the infringement of Plaintiff's copyrighted script by the Defendants. Now that the infringed film BIGIL has been released and even telecasted on TV channel, it is just and necessary to make the necessary amendments to the plaint. Though the infringed film has been released, the cause of action of this suit and the copyright infringement by the Defendants remain unchanged.
d).The following may be modified to Paragraph 13 of the Plaint:
13
The Plaintiff submits that the following similarities found between the infringed film BIGIL and the plaintiff's copyrighted script are as follows:
“SIMILARITIES BETWEEN INFRINGED FILM 'BIGIL' & PLAINTIFF COPYRIGHTED SCRIPT BRASIL”
| S.No. | Description | BIGIL | BRASIL |
|---|---|---|---|
| 1. | MAINPROTAGONIST Name |
ROYAPPAN | ROYAPPAN |
| Characteristic ideology: | A mid-aged man living in a slum area amongst poor people. Royappan goes against the Football federation to save the deserving football players from the people who prevents them from playing the football game. |
The name characteristic and ideology of the character Royappan are the same. |
|
| 2. | Rowdy turned Coach | The players refusing to accept the new coach as he looks and behaves like a rogue, but they didn't know that he used to be a reputed football player earlier in his life. |
The Players refusing to accept the coach as the coach is a good for nothing guy and a rogue, but they didn't know that he used to be a reputed football player earlier in his life. Again, not just the concept but even the above dialogues are similar. |
| 3. urts.gov |
Similar scenes & Shots:1 .in/hcservices/ |
The scene where the male protagonist (Actor Vijay) gets into a dilapidated room, where he sees and reminisces his glorious part as a football player (by looking at a memory trunk box which has old football jersey, T-Shirts, cups he has won, old football, images of football players). Some of key twists like when the coach is accepted by the once denied team of football players Football federation scenes and |
These scenes are exact replica of the Plaintiff's copyrighted script BRASIL |
14
S.No.
| S.No. | Description | BIGIL | BRASIL |
|---|---|---|---|
| few other where Royappan goes to argue or fight for the rights of the football players |
|||
| 4. | Similar scenes & Shots:2 | Football players getting affected due to rowdies ever since the ROYAPPAN's introduction scene |
These scenes are exact replica from the plaintiff's copyrighted script BRASIL. |
| 5. | Similar Scenes & Shots:3 | The important twist of the male protagonist follows right after the fight sequence is in Railway Station before the football team boards the train. |
BRASIL has a fight sequence before the team board the flight. After the said fight, the male protagonist's character changes which itself is the important twist to the story. |
| 6. | Similar Scenes & Shots:4 | The entire team will be put to a big question mark about their performance in the finals because of 3 players– a fat girl whose physic itself a problem, the married girl stopped playing after marriage by her husband and a victim girl of acid attack |
The entire team will be sloggingbecause of 3 players. It is because 3 of them are the most wanted by the villains. |
e). The following point may be replaced in paragraph 14 of the Plaint:
15
f). The following point may be added to Paragraph 15 of the Plaint:
and on 25th October 2019 when the infringed film got released and when the Plaintiff watched the infringed film BIGIL and confirmed that the infringed film BIGIL is a colorable imitation of the Plaintiffs copyrighted script.
g). The following may be replaced in paragraph 16 of the Plaint:
h). The following points may be deleted in Paragraph 16 of the Plaint:
The Plaintiff has a prima facie case and it is just and necessary to grant permanent injunction from releasing and/or screening of the infringed film BIGIL' along with other reliefs sought for in the suit. The Defendant have announced that the infringed film BIGIL' will be released on 25th October 2019, hence the Plaintiff has no other alternate remedies except to file the present suit for permanent injunction and for damages. The Plaintiff submits that if the Defendants succeed to release the infringed film BIGIL' on 25th October 2019 or attempt to release or screen the infringed film BIGIL' on some other dates, the Plaintiff will be put to great hardship and loss.”
i). The following may be added to the Paragraph 16 of the Plaint:
Though the infringed film BIGIL got released on 25th October 2019 despite this suit, the Plaintiff's right to seek for declaration that the script of the infringed https://hcservices.ecourts.gov.in/hcservices/ film BIGIL belongs to the Plaintiff along with other reliefs sought for in the prayer survives, hence this Plaintiff has no other alternate reliefs except to continue with
16
this suit for the reliefs sought for in the prayer.
j). The following may be deleted in Paragraph 18 of the Plaint:
a) The Plaintiff values the relief of injunction claimed in para 20 (b) at Rs.2000/- and pays court fee of Rs.150/- under Section 27 (b) of the Tamil Nadu Court Fees and Suit Valuation Act read with Appendix 1-A of the Madras High Court Fee Rules.
b). The relief of direction claimed in para 20 (c) at Rs.2000/ - is consequential in nature, hence not valued separately.
k). The following may be deleted in Paragraph 20 of the Plaint:
a). To grant permanent injunction restraining the Defendants by themselves, itself or through its men, servant, agents, or any one claiming through the Defendants in any manner from releasing and/ or screening of the infringed film `BIGIL' in any form or style on 25th October 2019 or any other date.
b). To appoint advocate commissioner or a committee of story writer(s) or experts from the film industry to quantify the copying/stealing done by the Defendants in the infringed film `BIGIL' from the copyrighted script of the Plaintiff 'BRASIL' and to file a detailed report before the Hon'ble Court to determine the infringement of Plaintiff's copyrighted script by the Defendants;
1) The following may be added to the list of documents filed under Order XI Rule 1 of CPC and Amended Act 4 of 2016
| 5 | 02.08.2014 | E-mail along with attachment BRASIL CHARACTER MAP with ROYAPPAN as the Core Character |
PHOTOCOPY |
|---|---|---|---|
| 6. urts.gov.in |
2014-2017 /hcservices/ |
Series of emails shared by the plaintiff to his team of BRASIL script |
PHOTOCOPY |
| 7. | -- | The Bound copyrighted script plaintiff- | PHOTOCOPY |
5
17
5 02.08.2014 E-mail along with attachment BRASIL PHOTOCOPY CHARACTER MAP with ROYAPPAN as the Core Character BRASIL
For Applicant : Mr.S.Rajesh For D1 : Mrs.V.Saradha Devi For D2 & D3 : Mr.K.Harishankar
O R D E R
(Case has been heard through Video Conferencing)
Heard the Learned Counsel for the Applicant and the Learned
Counsel for the respondents
2. This application is filed to amend the plaint extensively after
filing the written statement by the 1st defendant. Normally whenever there is no material change in the cause of action, Courts used to entertain application for amendment but when there is a fundamental change to be sought or the plaintiff wants to improve/add/fill the lacuna and embellish
the pleadings from what the original plaint reflects, then the application for amendment of the plaint are declined.
3. In the instant case, Order VI Rule 17 and Order XI of C.P.C
and the rigorous provisions found in Commercial Courts Act are to be
18
considered to find whether the amendment sought satisfies the law laid and practise in vague.
4. To be very brief about the case, it is the grievance of the plaintiff that his pre-registered movie script “BRASIL” has been infringed by the defendants in making the movie “BIGIL”. For the said purpose, the plaintiff has approached this Court few days before the release of the movie and had alleged that, on seeing the trailer of the movie, he was convinced that his story “BRASIL”, which was registered at America Writers Guild under registration No.1794648, duly confirmed by America Writers Guild through e-mail dated 25th July 2015, has been infringed by the defendant and their movie “BIGIL” is brazen adoption of his registered story “BRASIL”
5. The suit was laid before this Court on 22th October 2019.
The film came to be released in Tamil Nadu and Worldwide, three days after on 25th October 2019. The 1st defendant served copy of the written statement to the Learned Counsel for the plaintiff on 4th February 2020. The present application to amend the plaint presented before this Court on the next day i.e., 05.02.2020.
19
6. In the application for amendment of plaint, the applicant
wants to amend paragraph No.7 of the plaint, by added few more facts and introduce two new documents, which are purported to be the e-mails exchanged between the plaintiff and others. Both the documents are dated long before filing of the suit. There is no whisper why these documents were not filed along with the plaint.
7. Further, amendments are sought in paragraphs Nos.11, 13,
14, 15 & 16. The extent of amendment sought is palpable appears that the facts which are sought to be now introduced are new or embellishment of the original plaint.
8. Pleadings which sought to be introduced is extracted below
so as to understand the manner the pleadings sought to be improved after filing of written statement.
c).The following may be added to Paragraph
No.11 of the Plaint:
Further, the infringed film BIGIL got released on 25th October 2019. After watching the movie, the Plaintiff is absolutely certain of infringement of https://hcservices.ecourts.gov.in/hcservices/ copyrighted script BRASIL by the Defendants. It is
pertinent to mention here that the Plaintiff has initially
20
filed the suit before the release of the infringed film BIGIL seeking for permanent injunction against the release of infringed film BIGIL and appointment of advocate commission or committee of story writers/ experts from the film industry to quantify the copying/stealing done by the Defendants and file a detailed report before this Hon'ble Court to determine the infringement of Plaintiff's copyrighted script by the Defendants. Now that the infringed film BIGIL has been released and even telecasted on TV channel, it is just and necessary to make the necessary amendments to the plaint. Though the infringed film has been released, the cause of action of this suit and the copyright infringement by the Defendants remain unchanged.
d).The following may be modified to Paragraph 13 of the Plaint:
The Plaintiff submits that the following similarities found between the infringed film BIGIL and the plaintiff's copyrighted script are as follows:
“SIMILARITIES BETWEEN INFRINGED FILM 'BIGIL' & PLAINTIFF COPYRIGHTED SCRIPT BRASIL”
| S.No. | Description |
BIGIL | BRA | SIL | |
|---|---|---|---|---|---|
| 1. | MAINPROTAGONIST Name | ROYAPPAN | ROYA | PPAN | |
| Characteristic ideology: | A mid-aged man living in a | The | name | ||
| slum area amongst poor | characteris | tic | and | ||
| people. Royappan goes | ideology | of |
the |
||
| rts.gov | .in/hcservices/ | against the Football federation to save the deserving football |
character are the sam |
Roy e. |
appan |
21
S.No.
| S.No. | Description |
BIGIL | BRASIL |
|---|---|---|---|
| players from the people who prevents them from playing the football game. |
|||
| 2. | Rowdy turned Coach | The players refusing to accept the new coach as he looks and behaves like a rogue, but they didn't know that he used to be a reputed football player earlier in his life. |
The Players refusing to accept the coach as the coach is a good for nothing guy and a rogue, but they didn't know that he used to be a reputed football player earlier in his life. Again, not just the concept but even the above dialogues are similar. |
| 3. | Similar scenes & Shots:1 | The scene where the male protagonist (Actor Vijay) gets into a dilapidated room, where he sees and reminisces his glorious part as a football player (by looking at a memory trunk box which has old football jersey, T-Shirts, cups he has won, old football, images of football players). Some of key twists like when the coach is accepted by the once denied team of football players Football federation scenes and few other where Royappan goes to argue or fight for the rights of the football players |
These scenes are exact replica of the Plaintiff's copyrighted script BRASIL |
| 4. | Similar scenes & Shots:2 | Football players getting affected due to rowdies ever since the ROYAPPAN's introduction scene |
These scenes are exact replica from the plaintiff's copyrighted script BRASIL. |
| 5. | Similar Scenes & Shots:3 | The important twist of the male protagonist follows right after the fight sequence is in |
BRASIL has a fight sequence before the team board the flight. |
| urts.gov | .in/hcservices/ | Railway Station before the football team boards the train. |
After the said fight, the male protagonist's character changes |
S.No.
22
| S.No. | Description |
BIGIL | BRASIL |
|---|---|---|---|
| which itself is the important twist to the story. |
|||
| 6. | Similar Scenes & Shots:4 | The entire team will be put to a big question mark about their performance in the finals because of 3 players– a fat girl whose physic itself a problem, the married girl stopped playing after marriage by her husband and a victim girl of acid attack |
The entire team will be sloggingbecause of 3 players. It is because 3 of them are the most wanted by the villains. |
e). The following point may be replaced in paragraph 14 of the Plaint:
J) The following point may be added to Paragraph 15 of the Plaint:
and on 25th October 2019 when the infringed film got released and when the Plaintiff watched the infringed film BIGIL and confirmed that the infringed film BIGIL is a colorable imitation of the Plaintiffs copyrighted script.
s/ g) The following may be replaced in paragraph 16
of the Plaint:
23
h) The following points may be deleted in Paragraph 16 of the Plaint:
The Plaintiff has a prima facie case and it is just and necessary to grant permanent injunction from releasing and/ or screening of the infringed film BIGIL' along with other reliefs sought for in the suit. The Defendant have announced that the infringed film BIGIL' will be released on 25th October 2019, hence the Plaintiff has no other alternate remedies except to file the present suit for permanent injunction and for damages. The Plaintiff submits that if the Defendants succeed to release the infringed film BIGIL' on 25th October 2019 or attempt to release or screen the infringed film BIGIL' on some other dates, the Plaintiff will be put to great hardship and loss.”
i). The following may be added to the Paragraph 16 of the Plaint:
Though the infringed film BIGIL got released on 25th October 2019 despite this suit, the Plaintiff's
24
right to seek for declaration that the script of the infringed film BIGIL belongs to the Plaintiff along with other reliefs sought for in the prayer survives, hence this Plaintiff has no other alternate reliefs except to continue with this suit for the reliefs sought for in the prayer.
9. The Learned Counsel for the applicant/plaintiff rely upon the following judgments rendered by this Court as well as other High Courts and the Apex Court.
(i). A.K. Gupta And Sons Ltd -vs- Damodar Valley Corporation reported in AIR 1967 SC 96.
(ii). N.C.Bansal -vs- Uttar Pradesh Financial Corporation and another reported in (2018) 2 SCC 347 .
(iii). Kumaraswami Gounder and others -vsD.R. Nanjappa Gounder (dead) and others reported in AIR 1978 Mad 285
(iv). Inderjit Grover -vs- Indrawati reported in 2003 SCC Online Del 956 .
(v). Dhanpat Ram & Ors. Versus Indra Chand reported in 2004 SCC OnLine Raj 644.
(vi). Vineet Kumar -vs- Mangal Sain Wadhera reported in (1984) 3 SCC 352 .
(vii). Rohapharma AG.S.Alban-rheinwing,
174 CH-400006 Based, Switzerland Rep. by its Power
of Attorney Mr.Rajendrakumar -vs- T.T.K.Pharma
25
Limited No.6, Cathedral Road, Madras – 600 086 reported in 1999 (1) LW 274 .
(viii). Siddalingamma and another -vsMamtha Shenoy reported in (2001) 8 SCC 561.
10. The above cited judgments amply explain when an amendment petition should be entertained. The preposition of law laid down and expressed in those judgments are fully accepted and this Court is in full agreement to the said preposition which are laid in the context given. It it true Court can't reject the application for amendment on the ground of hyper technical reasons or for latches, when the amendment sought is going to help the Court to decide the real controversy between the parties. The Code of Civil Procedure, is a time tested code for a nearly century and the amendments to the Code which were introduced, in respect of amendment of pleadings, (Order VI Rule 7 of C.P.C) and introduction of new documents, (Order VII Rule 14) by way of C.P.C amendment in 2002, itself crossed two decades and therefore, there cannot be any quarrel on the preposition of law that any litigant, who approach the Court should come to the Court with clean hands and vigilantly place all the materials available on his hand, on the date of filing the plaint. A plaintiff can be allowed to file additional documents or amend the plaint, only if there is a genuine cause https://hcservices.ecourts.gov.in/hcservices/ for the said amendment. Proper explanation to accept the additional
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documents at later point of time which was available with the plaintiff at the time of filing the suit.
11. In this case, as narrated above, it is the case of the plaintiff that, he had one page story which was registered with American Writers Guild way back in the year 2014. He developed a story which has not seen the light of the day, till the suit is filed. However, he claims that on seeing the trailer of “BIGIL”, story of the defendants is colourable imitation of his story “BRASIL”. He realised that his story has been infringed and the movie “BRASIL” being produced with an identical story line. Now, by way of amendment petition, the applicant wants to introduce certain comparisons with the story line with that of the movie 'BIGIL' and to modify paragraph No.13 of the original plaint. He has made out six comparisons, viz., (i). The name of protagonist and (ii). Rowdy Turned Coach and rest of the 4 are scenes, to impress that the story of the plaintiff has been infringed by the defendants.
12. In case of infringement of copyright, it is true that the work may not be registered, but when a person comes to the Court and say that
his work has been stolen or infringed or copied by the defendant, atleast he https://hcservices.ecourts.gov.in/hcservices/ must place before the Court, what he conceived and expressed. In this case,
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unfortunately, the plaintiff has not placed the script of the story but after three months of the movie release, he wants to amend his plaint and compare his script claimed to have written prior to the release of the movie and to accept it as additional documents for consideration.
13. This Court is of the view that, if such applications are allowed, it will open the floodgates for speculative suits. After the suit filed for infringement of copyright with bereft of details and same pointed out by the defendant in the written statement. To fill up the lacuna, nearly three months after release of the movie. The applicant has come out with this application to improve his case. This petition seeking amendment per se indicates that without any story whatsoever or a story which is not similar to the story of the movie “BIGIL”, the suit has been filed. Three months thereafter the amendment is now being sought with new facts and documents which were admittedly within the possession of the applicant/plaintiff on the date of filing the suit.
14. The Learned Counsel for the plaintiff would argue that as long as the relief sought in the suit is not altered, merely on the ground of technicality petition to amend should not be denied. In this case, it is not
mere a technicality but a clear substitution of the original plea. As admitted
by the plaintiff that, he had only a one page story when he got it registered
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with America Writers Guild later developed the full script (but not placed
before the Court along the plaint). Similarly, the plaint is also filed with one page story before this Court and after the release of the movie and lapse of three months, attempts to improve it in to a 'novel' by way of amendment.
15. This Court is of the view that this sort of applications cannot be entertained in a copyright suit where the Author of the work must come to the Court with all materials which he has conceived and expressed. After the suit he cannot introduce facts one after another so as to embellish the original plea. The plea that the basic relief sought not altered cannot be an excuse to amend the plaint particularly in a suit for infringement of copyright, where the plaintiff is supposed to prove his prior conceivement, expression and formulation of the idea.
16. Hence, this Application which is bereft of facts and filed without bona fide intention, is liable to be dismissed with costs. Accordingly, the Application No.654 of 2020 is dismissed with costs of Rs.50,000/- payable to the I respondent/ I defendant.
Sd./-G.J.J.
16/08/2021 //Certified to be true copy// Dated at Madras this the day of 2021.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
2 issues framed by the court
Whether the plaint in a copyright infringement suit can be amended after the written statement to introduce new facts, comparisons and documents that were available at the time of filing?
Whether an amendment introducing the plaintiff's script and a comparison with the impugned film to fill the lacuna in the plaint should be allowed?
Colour shows how this judgement treated each authority
A.K. Gupta And Sons Ltd vs Damodar Valley CorporationReferred¶9
AIR 1967 SC 96 · Who else cites this
N.C.Bansal vs Uttar Pradesh Financial Corporation and anotherReferred¶9
(2018) 2 SCC 347 · Who else cites this
Kumaraswami Gounder and others vs D.R. Nanjappa Gounder (dead) and othersReferred¶9
AIR 1978 Mad 285 · Who else cites this
Inderjit Grover vs IndrawatiReferred¶9
2003 SCC Online Del 956 · Who else cites this
Dhanpat Ram & Ors. vs Indra ChandReferred¶9
2004 SCC OnLine Raj 644 · Who else cites this
Vineet Kumar vs Mangal Sain WadheraReferred¶9
(1984) 3 SCC 352 · Who else cites this
Rohapharma AG.S.Alban-rheinwing vs T.T.K.Pharma LimitedReferred¶9
1999 (1) LW 274
Siddalingamma and another vs Mamtha ShenoyReferred¶9
(2001) 8 SCC 561 · Who else cites this
6 provisions across 3 enactments
Amjath Meeran
Atlee
AGS Entertainment Private Limited
Archana Kalpathi
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
