Thiagarajan Kumararaja v Capital Film Works (India) Pvt. Ltd.
[(2018) 73 PTC 365 (DB), 2017 SCC OnLine Mad 37588]
Coram: Division Bench comprising of Hon’ble Justice Rajiv Shakdher and Hon’ble Justice Abdul Quddhose
Forum: Hon’ble Madras High Court
Case No.: Original Side Appeal No. 22 of 2017.
Date of Decision: November 20, 2017.

Facts:

  • Thiagarajan Kumararajan (Plaintiff/Appellant), a scriptwriter, approached Capital Film Works (India) Pvt. Ltd. (Defendant) to produce a movie in 2008. Thereafter, the parties to the suit proceeded with the production of the movie and the Plaintiff became the director of the movie titled, “Aaranya Kaandam”.
  • The movie was released in 2010, and subsequently, the Plaintiff learned that the Defendant had dubbed and released the film in Telugu in Andhra Pradesh.
  • The Plaintiff learned that the Defendant had dubbed and released the film in Telugu in Andhra Pradesh, thereafter the suit was filed for copyright infringement suit requesting a permanent injunction against the translation of the film's script.

Background/Procedural Posture:

  • An initial injunction was granted on 29.02.2012 by the Learned Single Judge of the Madras High Court but later vacated based on the Respondents' application.
  • The Appellant appealed the Single Judge's decision to the Division Bench, which upheld the injunction's vacation.
  • Further, the Appellant appealed to the Supreme Court, which disposed of the appeal on 31.10.2012, directing the High Court to expedite the suit's resolution and not be influenced by previous observations.
  • The present appeal challenged the judgment and decree dated 08.09.2016 in C.S.No.93 of 2012 by the Learned Single Judge, which dismissed the Appellant's suit for a permanent injunction against the Respondents/original Defendants.

Main Issue:

Whether the right to dub and remake a cinematograph film rests with the producer or author of the film?