Industry Sector

Entertainment — India Copyright Cases

60 decisions indexed

Page 2 of 2 · 60 total

copyright plaintiff favorable · Apr 23, 2015

M/S. K.R.C.D. (I) Pvt. Ltd. v.Commnr. Of Central Excise, Mumbai

Supreme Court - Daily Orders · Civil Appeal No.6709 of 2004

The dispute concerned whether the royalty paid for music embedded in master CDs should be included in the assessable value when M/S. K.R.C.D. (I) Pvt. Ltd. manufactured duplicate CDs on a job work basis. The appellant argued that since they only copied the content and did not exploit the intellectual property, no royalty could be charged. The Supreme Court ruled in favor of the appellant.

copyright defendant favorable · Apr 15, 2015

Mr.Veeramani Kannan v.M/s Super Audio (Madras) Private Limited

Madras High Court · C.S.No.412 of 2020 and O.A.No.770 of 2020

The singer (plaintiff) sued the music company (defendant) alleging that the defendant commercially exploited and streamed songs from the album 'Shiva Murugan Paamalai' without permission or royalties, violating the performer's rights under Section 38A of the Copyright Act. The defendant argued that the plaintiff had assigned all his performance rights for a lump sum consideration in an agreement dated 15.04.2015.

copyright settled · Dec 11, 2014

K.R.Ravi Rathinam v.The Director General of Police, and others (listed as R.1 to R.11)

Madras High Court · W.A.(MD)No.1443 of 2014 and M.P(MD)No.1 of 2014

The appellant claimed his story 'Mullai Vanam 999', which he uploaded to YouTube in 2013, was illegally used and infringed upon in the film 'Lingaa' by respondents 7, 8, 10, and 11. The court initially held that a writ petition was not the proper remedy for such private disputes. However, considering the circumstances, the court directed the seventh respondent to deposit Rs. 10 Crores and allowed the release of the film 'LINGAA' upon initial deposit.

copyright defendant favorable · Dec 3, 2014

K.R. Ravi Rathinam v.The Director General Of Police and others

Madras High Court · Writ Petition (MD) No.18210 of 2014

The petitioner, K.R. Ravi Rathinam, filed a Writ Petition seeking a detailed inquiry by police authorities into the alleged theft and unauthorized use of his story ('Mullai Vanam 999') in another film ('Linga'). The court dismissed the petition, holding that the dispute was private and that the appropriate remedy for intellectual property claims is through a Civil Suit or Criminal Law proceedings, not under Article 226.

copyright interim order · Oct 1, 2013

Saregama India Ltd. v.Alkesh Gupta & Ors.

Calcutta High Court · GA No. 3009 of 2013 with CS No.347of 2013

The petitioners filed for interim relief seeking orders to restrain websites from streaming their copyrighted sound recordings. The respondents argued that personal use is permitted and ISPs should not act as watchdogs. The Court found infringement occurred through commercial exploitation via streaming and directed an injunction against the specified websites.

copyright defendant favorable · Apr 1, 2013

Ramesh Sippy v.Shaan Ranjeet Uttamsingh and others (Defendant Nos. 1 to 9)

Bombay High Court · KPP 1 NMS No. 406 of 2013 / SUIT NO. 166 OF 2013

Ramesh Sippy filed a suit claiming to be the author and first owner of the copyright and Author's Special Rights in the film 'Sholay' and related films. He sought a temporary injunction against defendants who were dealing with or disposing of rights related to 'Sholay', including its 3D version. The court ultimately denied the ad-interim relief, finding that the Plaintiff failed to make out a prima facie case.

copyright plaintiff favorable · Dec 11, 2012

R.K.Productions Pvt. Ltd. v.M/s.N.K.Theatres Pvt. Ltd.

Madras High Court · Original Side Appeal No.307 of 2012 (against A.No.2275 of 2012 in C.S.No.258 of 2012)

R.K.Productions Pvt. Ltd. (Plaintiff/Appellant) sued M/s.N.K.Theatres Pvt. Ltd. (Defendant No. 1) for copyright infringement related to the Telugu dubbing and remake rights of its movie '3', after the Defendant failed to pay the final installment amount due under the assignment agreement. The Defendant filed an application seeking arbitration, arguing that all disputes should be referred to arbitration. The High Court allowed the appeal, holding that since the suit involves complex issues mixing payment dispute with copyright infringement against multiple parties, it cannot be bifurcated for arbitration.

copyright plaintiff favorable · Oct 30, 2012

Vodafone India Limited v.M/S. R.K. Productions Pvt Ltd

Madras High Court · C.S.No.208 of 2012 (and C.S.No.294 of 2012)

The suits were filed regarding the unauthorized copying, recording, reproduction, and distribution of cinematograph films '3' and 'Dhammu'. The court upheld the maintainability of the John Doe suits and clarified that the interim injunction was limited to blocking specific infringing URLs rather than entire websites. All applications seeking to vacate the existing interim orders were dismissed.

copyright plaintiff favorable · Nov 11, 2011

Super Cassettes Industries Limited v.Mr Chintamani Rao & Ors.

Delhi High Court · CS(OS)Nos. 1706/2006 & 2282-83/2006

Super Cassettes Industries Limited and Yashraj Films Private Limited filed suits alleging that India TV (represented by Mr Chintamani Rao & Ors.) had unauthorizedly broadcasted and exploited their copyrighted cinematographic films and sound recordings. The plaintiffs sought permanent injunctions to restrain the defendants from further infringement.

copyright plaintiff favorable · May 21, 2011

M/s. Super Cassettes Industries Limited v.M/s. Sri Ganesh Video

Delhi District Court · Suit No. 38/2010

The plaintiff, M/s. Super Cassettes Industries Limited (T-Series), filed a suit seeking permanent injunction and damages against defendants for illegally manufacturing and marketing VCDs of three specific Kannada films (Parvathi Kalyana, Sampathige Saval, Giri Kanye) which the plaintiff claimed to have acquired exclusive copyright rights over. The court found that the defendants willfully infringed the plaintiff's copyright and consequently decreed the suit in favor of the plaintiff.

copyright plaintiff favorable · May 11, 2011

Entertainment Network India Ltd v.Super Cassettes Industries Ltd & Ors.

Delhi High Court · LPA No. 448/2011

This appeal challenged various orders passed by a single Judge and the Copyright Board concerning copyright works. The core legal issue addressed was whether an order passed by one tribunal or court could be automatically applied as a precedent to another case, especially where the factual matrix differed.

copyright plaintiff favorable · May 5, 2011

Sheila Cine Arts v.Gemini Pictures Circuits Private Limited

Madras High Court · O.S.A.No.328 of 2007

The plaintiff, a cine film production firm, sued the respondent (a laboratory) for damages after copies of their film 'Manasu' were illegally pirated from the laboratory. The trial court dismissed the suit, but the High Court appellate bench found that the defendant's employees were involved in video piracy and held them vicariously liable.

copyright interim order · May 24, 2010

Super Cassettes Industries Ltd. v.Hamar Television Network Pvt. Ltd.

Delhi High Court · CS(OS) 1889/2009 & CS(OS) 1906/2009 (IA No. 12926/2009 & IA No. 13058/2009)

The plaintiff, Super Cassettes Industries Ltd., sought an injunction against the defendants for infringing its copyright in a large repertoire of musical works and sound recordings. The defendants raised defenses including lack of substantiality and fair use/fair dealing under Section 52 of the Copyright Act, 1957.

copyright defendant favorable · Feb 16, 2010

K.S.Gita v.Vision Time India Pvt. Ltd.

Madras High Court · OSA.Nos.38 to 41 of 2010

K.S.Gita, claiming ownership of the copyright in the literary work 'THANGAM/BANGARAM/GANGA', filed appeals against orders dismissing her applications for temporary injunctions and royalty payments regarding the teleserial 'THANGAM'. The court examined the claims of infringement and financial reliefs sought by the plaintiff.

copyright defendant favorable · Mar 3, 2008

Lahari Recording Company Limited v.Music Master Audio Video Manufacturing Co.(P) Ltd.

Madras High Court · O.S.A.No.19 of 2002

Lahari Recording Company Limited filed a suit seeking declaration of its ownership over audio rights and permanent injunction against infringement. The appellant/5th defendant challenged the grant of permanent injunction, arguing that it had stopped manufacturing cassettes after the assignment period expired. The High Court set aside the injunction granted by the single judge, finding no conclusive evidence of post-expiry exploitation.

copyright interim order · Oct 8, 2007

Zee Entertainment Enterprises Ltd. v.Mr. Gajendra Singh And Ors.

Bombay High Court

Zee Entertainment Enterprises Ltd. filed a suit seeking perpetual injunction and damages against defendants for infringing its copyright in the television game show "Titan Antakshari" and passing off its competing show, "Antakshari - The Great Challenge," as associated with Zee's program. The court addressed the interim relief sought by the Plaintiff.

copyright interim order · Jun 7, 2007

Urmi Juvekar Chiang v.Global Broadcast News Limited

Bombay High Court · null

The Plaintiff, a script-writer, claimed that the Defendants were infringing her copyright and breaching confidentiality by broadcasting a program titled 'Summer Showdown'. The Plaintiff asserted that this program was based on her original literary work, the concept note for 'Work in Progress', which she had shared with the Defendants. The Court granted an ad-interim injunction restraining the Defendants from further infringement or breach of confidence.

copyright plaintiff favorable · Jun 27, 2005

Raj Video Vision v.S.A. Rajkannu

Madras High Court · O.S.A.NO.228 OF 2000 and O.S.A.No. 315 OF 2002 (Appeals against C.S.No.803 of 1994 and Tr.C.S.No.279 of 1998)

Raj Video Vision filed suits claiming ownership of the limited copyright in the Tamil film 'Mahanadhi'. The dispute centered on whether an earlier assignment agreement granted video rights also encompassed broadcasting rights via satellite television. The High Court set aside the trial court's findings, ruling that the initial agreement conferred the right to uplink through satellite.

copyright defendant favorable · Feb 24, 2005

In House Productions Pvt. Ltd. v.Meediya Plus

Madras High Court · O.S.A.No.299 of 2004 and O.S.A.No. 300 of 2004

In House Productions Pvt. Ltd. appealed against a single judge's order rejecting applications for interim injunction. The petitioner sought to prevent the respondent, Meediya Plus, from continuing production or telecasting the serial 'Vikramadityan' due to alleged breach of an MOU. The High Court dismissed the appeals, upholding the lower court's finding that irreparable loss was not established and the balance of convenience did not favor the appellant.

copyright defendant favorable · Aug 21, 2003

Time Warner Entertainment Co. L.P. v.R.P.G. Netcom Ltd.

Delhi High Court · S. No. 607/2002

The plaintiffs, film production companies incorporated in the USA, filed a suit alleging unauthorized duplication and exhibition of their films on the defendant's cable network. The defendant challenged the court's jurisdiction by seeking return of the plaint. The Delhi High Court rejected the application, holding that specific averments regarding Plaintiff No. 1 having a local office in Delhi were sufficient to confer territorial jurisdiction under Section 62(2) of the Copyright Act.

copyright defendant favorable · Apr 29, 2003

Joint Commissioner Of Income Tax v.The Gramophone Co. Of India Ltd.

Income Tax Appellate Tribunal - Kolkata

The Revenue appealed against the CIT(A)'s decision that deleted an addition of Rs. 4 crores made by the AO concerning the transfer of copyrights of 690 film songs to a subsidiary for Rs. 6 crores. The Tribunal upheld the CIT(A)'s view, stating that suspicion cannot be the sole basis for fixing tax liability and the AO cannot substitute his estimated price over the actual consideration received.

copyright interim order · Jun 3, 2002

Mr. Anil Gupta And Anr. v.Mr. Kunal Dasgupta And Ors.

Delhi High Court · Suit 1970/2001

The plaintiffs claimed that they had conceived and registered the unique concept 'Swayamvar,' a real-life reality TV program focused on spouse selection through matchmaking. The plaintiffs alleged that the defendants, having been privy to this confidential concept, were planning to launch a similar show titled 'Shubh Vivah.'

copyright defendant favorable · Feb 8, 2000

Lahari Recording Company Private Limited v.Sourabh Marketing And Agencies Private Limited

Karnataka High Court · O.S. No. 8125 of 1998 (Revision)

The dispute arose from a contract where the plaintiff (copyright owner) assigned universal rights to certain film and non-film titles to the defendant. The suit was filed by the defendant seeking relief related to this assignment. The core legal issue before the High Court was whether the Civil Court's jurisdiction was barred by Section 19-A of the Copyright Act, 1957.

copyright defendant favorable · Feb 12, 1999

Banwarilal H. Khaitan v.P.L.A. Exports Pvt. Ltd.

Bombay High Court

The plaintiff filed a suit seeking a declaration that he was the exclusive copyright holder of the film 'SARPHIRA' and an injunction against the defendants for infringing this copyright through telecasting. The dispute centered on contractual agreements regarding rights assignment, non-payment of consideration, and subsequent unauthorized exploitation by satellite channels.

copyright defendant favorable · Aug 1, 1997

Aasia Industrial Technologies Ltd. v.Ambience Space Sellers Ltd.

Bombay High Court

The plaintiffs, exclusive licensees of programs on Zee TV Channel, challenged the defendants (cable network operators) for blanking out/interrupting the signal and substituting local advertisements. The core issue was whether these actions violated their rights under copyright and passing off.

copyright plaintiff favorable · May 1, 1997

Beena Misra v.S.K. Jain And Ors.

Delhi High Court · Civil Suit 563/93 (Appeal)

The appellant (Beena Misra) appealed against an order that restrained her from selling or disposing of prints of the Hindi feature film "DO YAAR". The respondent filed a suit seeking declaration and permanent injunction, which was allowed by the Trial Court. The High Court set aside this order, holding that the suit was barred under Section 32 of the Arbitration Act.

copyright plaintiff favorable · Feb 21, 1984

Gramophone Company Of India Ltd. v.Birendra Bahadur Pandey & Ors.

Supreme Court of India · null

The appellant company suspected that pre-recorded cassettes being imported into India en route to Nepal were unauthorized reproductions of its copyrighted records. The High Court Division Bench held there was no 'importation' because the goods were destined for Nepal, but the Supreme Court ruled that 'import' includes transit across the country. Consequently, the judgment of the Division Bench was set aside.

copyright defendant favorable · Jul 18, 1973

State Of Madras v.A.L.S. Productions

Madras High Court · T.C. No. 357 of 1969, T.C. No. 441 of 1969

The State of Madras challenged the Sales Tax Appellate Tribunal's finding that contracts between producers (assessees) and advertisers were 'works contracts,' not sales. The dispute centered on whether the production and supply of advertisement films constituted a taxable sale under the Madras General Sales Tax Act, 1959. The court ultimately agreed with the Tribunal, holding that since the advertiser retained ownership and exploitation rights under the Copyright Act, the contract was a service agreement.

copyright plaintiff favorable · Mar 8, 1967

A.V. Meiyappan v.Commissioner Of Commercial Taxes

Madras High Court · W. P. No. 782 of 1966 (and related petitions)

A film producer challenged assessments made by commercial tax authorities who sought to include payments received for leasing exploitation rights of his films as assessable sales turnover. The petitioner argued that these were not sales of goods but realizations of copyrighted rights, falling outside the scope of the Sales Tax Act. The court ruled in favor of the petitioner, holding that no sales turnover was involved and thus the tax and penalty levies were illegal.

copyright plaintiff favorable · Mar 8, 1967

A.V. Meiyappan v.The Commissioner Of Commercial Taxes

Madras High Court · null

A film producer challenged assessments made by the Commercial Taxes Authority, which sought to include payments received from leasing film exploitation rights as taxable sales turnover. The petitioner argued that these were realizations of intangible copyright rights, not sales of goods. The court ruled in favor of the petitioner, holding that since no sale of goods was involved, the tax and penalty levies were illegal.

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