C. Prakash v. S.N Media and Ors.
AIR 2022 Mad 20 : (2021) 6 CTC 590
In the High Court of Madras
C.M.P. 13797/2021, OSA(CAD) 68/2021
Before Chief Justice Sanjib Banerjee and Justice P.D. Audikesavalu
Decided on October 29, 2021

Relevancy of the case: Payment of consideration as a compulsory precedent for assigning copyright for films

Statutes and Provisions Involved

• The Copyright Act, 1957 (Sections 18(1), 19(1), 19(3))

Relevant Facts of the Case

• On May 29, 2020, the second and third respondents assigned the plaintiff-appellant internet and digital non-theatrical dubbing rights for two films.
• The second and third respondents signed a similar agreement with the first respondent on July 10, 2020.
• The trial court passed an injunction against the plaintiff due to a lack of sufficient proof of payment of consideration from the plaintiff’s end, which the High Court later disposed of. 

Opinion of the Bench

• As per Section 19 of the Copyright Act, 1957, it is only mandatory to assign copyright in writing.
• Furthermore, the provision does not mention that payment of consideration is a compulsory precedent condition for the copyright assignment.
• The plaintiff is entitled to sole ownership of the copyrights even if no consideration was given.

Final Decision

• The court disposed of the appeal and set aside the High Court order.
• The court granted an injunction against the first respondent, restraining them from infringing the plaintiff’s copyrights in any manner. 

Srikari Ammanamanchi, an undergraduate student at the NALSAR University of Law, prepared this case summary during her internship with The Cyber Blog India in May/June 2022.