In the case filed by the plaintiff for the protection of world negative rights against “Guna” film re-release the court finds the plaintiff’s case sufficiently strong to warrant a temporary injunction, which is granted until July 22, 2024.
- Hemdev asserted to the court that his business involved financing, producing, and accumulating copyrights for cinematographic films. He presented evidence indicating that he had obtained the complete negative rights to ten Tamil films, including “Gunaa,” starring Kamal Haasan in the lead role, with music composed by Ilaiyaraja and directed by Santhana Bharathi from N Rathnam, who was the original holder of the global negative copyright.
- Hemdev disclosed that upon acquiring the worldwide negative rights to the film, Rathnam was concurrently granted sole and exclusive rights, encompassing both commercial and non-commercial, as well as theatrical and non-theatrical, distribution, exhibition, and exploitation copyrights for the film in all formats. Subsequently, Rathnam transferred these rights to Hemdev, same rights of the film from Rathnam.
- Hemdev further disclosed that he became aware in June 2024 of the defendants’ plans to re-release the film in Tamil Nadu. Despite seeking intervention from the Film Distributors Association, the defendants proceeded with the re-release on July 5th, 2024, allegedly by presenting a fraudulent agreement.
- By re-releasing the film without making proper legal negotiations with the authorized person i.e. plaintiff the respondents are illegally infringing on the applicant’s copyright.
- The plaintiff has continued to exercise their copyright over the film in question, notwithstanding objections raised by the defendants.
Hemdev initiated legal proceedings against the defendants, alleging unauthorized copyright infringement. Concurrently, he sought a temporary court order prohibiting the defendants and their associates from exhibiting and exploiting the film’s copyrights.
Accordingly the court has ordered an ad-interim injunction prayed by the plaintiff until 22.07.2024. If the order of interim injunction had not been granted, the applicant would have suffered irreparable loss and hardship.A notice related to this has also been sent to the respondents and directed them to file affidavit of service.
CASE NAME: Ghanshyam Hemdev v Pyramid Audio India Pvt Ltd and Others
NAME : J. RANI SANGAMITHRA, BALLB(HONS), SCHOOL OF EXCELLENCE IN LAW(TAMILNADU DR AMBEDKAR LAW UNIVERSITY),INTERN UNDER LEGAL VIDHIYA.
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