Kishore Kumar vs Fellini T.P And Others

C.Saravanan, J

Heard the learned counsel for the applicant-plaintiff. For the sake of convenience the applicant and respondents shall be referred to as plaintiff and defendants as per their ranks in the plaint.

The plaintiff appears to have authored a screenplay for a yet to be directed and produced Tamil Film “JAWA”. The plaintiff appears to emailed a synopsis of the plot for the aforesaid film to the sixth respondent on 16.04.2018 and on 21.10.2018 with a hope to direct the movie with the sixth defendant as the main protagonist.

The plaintiff has also registered a synopsis of the screenplay as per the industry practice and the complete screenplay for the aforesaid film with the South Indian Film Writers Association on 09.11.2018 and on 13.03.2020 respectively.

The plaintiff has also registered the script with the Screen Writers Association, Bombay on 04.08.2020. Prima-facie, the plaintiff appears to have a copy right over the aforesaid screenplay. If there is a copy of the same without proper authorisation of the plaintiff, it will amount to infringement of copyright of the plaintiff.

It is the specific case of the plaintiff that while he was hoping to direct the aforesaid Tamil Film “JAWA” with the sixth defendant as the main protagonist with a negative role and was scouting for a producer, lockdown was imposed due to outbreak of Covid 19 Pandemic and therefore could not proceed further.

It is submitted that recently, the plaintiff come to know that the sixth has acted in a Tamil film titled “Rendagam” which has been dubbed in Malayalam released with the title “Ottu”. It is further case of the plaintiff that the news paper clipping showed that that the plot of the movie released is based on the screenplay shared by the petitioner with the sixth defendant. The plaintiff is unable to confirm how the first, fourth or fifth respondents came to know about the plot in the plaintiff's screen play for the film “ JAWA”.

The film has been directed by the first defendant and co- produced jointly by the second and the third defendants. It is the further case of the plaintiff that the theatre release of the Malayalam film “Ottu” was on 08.09.2022 and Tamil “Rendagam” on 23.09.2022.

It is submitted that film is inspired from registered screenplay of the yet to be directed and produced film “Jawa” of the plaintiff and is thus in violation of the plaintiff’s copyright. It is submitted that the films are now proposed to be released in the Over The Top (OTT) Platform on 06.10.2022 through the seventh and eighth defendants.

It is submitted that the worldwide release of the Malayalam film Ottu” and the worldwide release of the Tamil film “Rendagam” (except in India) has been proposed on 06.10.2022. It is submitted that unless the plaintiff’s rights are protected now the plaintiff will not be able to recover any damages from the defendants.

The facts narrated in the plaint and the paper clippings filed in the typed set of documents prima facie indicate that the story screenplay authored by the applicant/plaintiff for the proposed Tamil film “ Jawa” has been produced and directed the defendants 1 to 3 in violation of the plaintiff’s copyright. The fourth and fifth defendants have prima facie plagiarized the copyright screen play of the plaintiff.

Prima facie, it appears that the story line of the Tamil Film and Malayalam Film produced by the second and third defendants directed by the first defendant with the sixth respondent/defendant as the protagonist is inspired in the story, screenplay and script on 21.10.2018 and thus in violation of the plaintiff's copyright. Therefore, the plaintiff deserves protection so that the plaintiff is not left remediless later.

This is the fit case where requirement for Pre- Institution Mediation and Settlement is not warranted in terms of Section 12A (1) of the Commercial Courts Act, 2015.

The first, second and third respondents along with their nominees shall not transfer or create any further rights until further orders. They shall also not exhibit the film in any other media until further orders.

Therefore, to protect the interest of the plaintiff an interim injunction is granted. Considering the fact that the plaintiff has come to the Court at the eleventh hour, I am however refraining from restraining the release of the film in the OTT Platform on 06.10.2022. However, I am inclined to grant partial protection to the plaintiff by restraining the Exhibition of the Tamil version of the film “Rendagam” in India on OTT Platform.

Balance of convenience for grant of interim injunction is in favour of the plaintiff. No without prejudice or harm would be caused to the respondents if it is ordered as above.

The first, second and third defendants along with their nominees and seventh and eighth respondents are directed to deposit a sum of Rs.10,00,000/- each to the credit of the above suit on or before 10.10.2022, failing which, further exhibition of the above Tamil and Malayalam film “Rendagam” and “Ottu” on OTT Platform and other media except in theater shall be withdrawn. Any violation of this order and exhibition of the film contrary to this order will be viewed seriously.

It is made clear that unless all the defendants deposit the above mentioned amounts by the date prescribed, the above exhibition of the Malayalam and Tamil “ Ottu” and “Rendagam” respectively shall not be made after 10.10.2022.

The plaintiff is directed to comply with the requirements under Order 39 Rule 2 of C.P.C. 18.

Notice to the respondents returnable by 10.10.2022. Private notice is also permitted.