sekarreporter1: https://twitter.com/sekarreporter1/status/1628693416052940801?t=vAjS5L9s__nbUhd8OdRkdw&s=08 [2/23, 15:19] sekarreporter1: IN THE HIGH COURT OF JUDICATURE AT MADRAS (Ordinary Original Civil Jurisdiction) Application No 61 of 2023 IN C.S. (Com. Div.) No.19 of 2023 Mr M.Viyan Aarman,
[2/23, 15:19] sekarreporter1: https://twitter.com/sekarreporter1/status/1628693416052940801?t=vAjS5L9s__nbUhd8OdRkdw&s=08
[2/23, 15:19] sekarreporter1: IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Ordinary Original Civil Jurisdiction)
Application No 61 of 2023
IN
C.S. (Com. Div.) No.19 of 2023
Mr M.Viyan Aarman,
Sole- Proprietor of M/s Art Addict,
No 36-B, “Paul Raj”, Apartments,
Ganapath Raj Nagar, Virugambakkam,
Chennai- 600092 …….Applicant/Plaintiff
-Vs-
1. Etecetra Entertainment,
Rep by Mr V.Mathiazhagan,’
No 33, 3rd Street, Austin Nagar,
Teynampet, Chennai- 600018
2. Tamil Film Producer Council,
Rep by its Secretary,
Film Chamber Compound,
No 606, Anna Salai,
Thousand lights, Chennai- 6000006
3. Film & Television Producers’
Guild of South India,
Rep by its Secretary,
B-1, RAMS Flats,
New No 19 (Old No 5),
Jagatheeswaran Street,
T.Nagar, Chennai- 600017.
4. Censor Board of Film Certification,
“Shastri Bhavan”,
No 37, Haddows Road,
Chennai – 600006
5. M/s UFO Digital Cinema,
No 53, Arunchalam Street,
Police Quartres, Triplicane,
Chennai- 600004
6. M/s PXD,
Prasad Extreme Digital Cinema Network Pvt Ltd,
No 28, Arunachalam Street,
Saligramam, Chennai – 600093.
7. M/s QUBA Cinema Technologies Pvt Ltd,
No 42, Dr Ranga Road,
Mylapore, Chennai- 600004 ….Respondents/ Defendants
COUNTER AFFIDAVIT FILED BY THE FIRST RESPONDENT
I, V. Mathiyalagan, S/o Varadarajan, aged about 46 years, having office at No 33, 3rd Street, Austin Nagar, Teynampet, Chennai- 600018, do hereby solemnly affirm and sincerely state as follows:
1. I submit that I am the First Respondent herein and the First Defendant in the suit and as such I am well acquainted with the facts and circumstances of the case. The First Respondent denies each and every allegation made in the affidavit filed by the Applicant.
2. I submit that I am a renowned film producer. I submit that I run a partnership firm namely “ETCETERA ENTERTAINMENT”. I am a renowned film production and distribution company based in Chennai. I submit that my address is wrongly mentioned by the Applicant in the said Application.
The Correct address is No 33, 3rd Street, Ganapathy Colony, Teynampent, Chennai- 600018.
3. I submit that my intention is to produce and distribute films which have good content and the same should be cherished by the audience. The films produced and distributed by the First Respondent has got very good reviews.
4. I submit that the above application numbered as Application No 61 of 2023 is filed by the Applicant seeking to
“ grant interim injunction against the Respondents/Defendants, from showing the teaser clips and stop promotion of the movie in the title of “SAAMANIYAN” in various medias like posters, Print Media, TV and internet and releasing the same in Cinema Theaters in all Languages exhibiting or exploiting of the suit schedule film “SAAMANIYAN” morefully described in Schedule Film hereunder, in Satellite Channels, Youtube, any OTT Platforms and Web Internet, and all other Entertainment Channels”
5. I submit that the Applicant has prayed for copyright over the said title “Saamaniyan” However, mere title is not entitled for a Copyright under the Copyright Act, 1957. I deny all the averments and allegations made in the Application except those that are admitted herein and the Applicant is put to strict proof of the same.
6. I submit that I decided to produce a film named “Saamaniyan” in the year 2022 starring Ramarajan, Radharavi and MS Bhaskar and other leading artists from the South Indian Film Industry. The music and background score for the movie is composed by Ilayaraja, and the film is directed by Rahesh.R.
7. I submit that the Pooja ceremony of the film “Saamaniyan” happened on 07.09.2022. The First Look of the film “Saamaniyan” was released on 18.09.2022.The Teaser of the film was released on 19.09.2022.The teaser of the film “Saamaniyan” has already been viewed by the general public and had garnered more than 2 million views by far. The shooting of the said film commenced during 20.10.2022
8. I submit that I am one of the most popular film Producer in Tamil film industry and has an extraordinary number of commercially successful and critically acclaimed credits to his name, as a Producer. I further submit that poster and teaser of the film “Saamaniyan” has increased the expectations for among the general public and the public is eagerly waiting for the release of the film.
9. I submit that the Second Respondent the Tamil film Producer Council, is a society comprising, inter alia, of the film producers. I submit that I am a member of the said council since 15th April, 2016. I submit that he had adopted the title “Saamaniyan” for the film is in tune with the theme of the film. I submit that the title is most apt and appropriate having regard to the story of the film. The said title “Saamaniyan” was chosen after long deliberation.
10. I submit that the film “Saamaniyan” was registered before the Tamil Film Council under my Banner namely, Etcetera Entertainment and the said registration is vaild upto 28.04.2023 and the same was acknowledged by the Tamil Producers Council.
11. I submit that I am legally entitled to produce and distribute the said film with the title “Saamaniyan” as I have completed the shooting of the film titled “Saamaniyan” the post production works such as dubbing have also been over the No Objection Certificate has been received on 14.02.2023 and the film is now at the stage of getting censor certificate but on the other hand the Applicant have not even commenced the shooting of the film. I have adopted the title “Saamaniyan” for the aforesaid film as it is in tune with the plot of the said film. The title is most apt and appropriate with regard to the story of the film. There is no originality in adoption of the title “Saamaniyan” which is a common tamil word, which means “Common Man”
12. I submit that the Supreme Court and First Bench of Madras High court has held that there is no copyright protection in title and the commonly used word cannot be protected under any law and it is further held that the common words are not protectable either on the basis of copyright or trademark or in a passing-off action.
13. The Hon’ble Supreme Court in a case held that a commonly used word kept as the title of a movie cannot be protected under the law of copyright. I submit that in the said case also a commonly used word kept as the title of a movie cannot be protected under the law of copyright. A conjoint reading of Section 13 and 16 of the Copyright Act of 1957 it is made clear that what is protected under the Act is the work which is relatable to a cinematographic film, that I is to say, the visual recording, including sound recording, produced by process analogous to cinematography. The title of the Cinematographic film, which may be a commonly used word, generally cannot be protected under the law of copyright. Section 13 of the Copyright Act makes it clear that there is no copyright in a title, it is the entire work which is protected by Copyright.
14. The Hon’ble Supreme Court in a case considered the title “Dezi Boyz” of the film released by the appellants on a story written by Milap Zaveri. The Supreme Court observed that the words Desi and Boyz were quite common in India and their combination also produced a commonly understood expression. The words were, therefore, not protectable either on the basis of copyright or trademark, or in passing off.
15. I submit that the Applicant has not even mentioned when the shooting has been commenced for his film and has also failed to mention about the cast and crew of the film. Where as I am planning to release the film “Saamaniyan” during April 2023. I have invested a huge amount of Rs 5,00,00,000/- (Rupees Five Crores Only) for the aforesaid film production alone. I have also invested a huge sum of Rs 1,00,00,000/- (Rupees One Crore Only) on advertisement in promotion of the film “Saamaniyan”.
16. I submit that the Applicant claims that he has registered the title of the film “Saamaniyan” vide registered member Reg No 12347 before the 3rd Defendant, “Film and Television Producers’ Guild of South India” during 04.06.2012 also claims that he has renewed the same time to time and the same is subsisting till date. There is also no statutory basis for the alleged trade practice on the basis of which the Applicant has claimed relief in the present Application.
17. In a suit filed for alleged infringement of copyright in the title of his book by the defendants was held not to infringe copyright as there was no copyright in respect of the title.
18. I submit that the film of the Applicant may not be entitled for any protection, as the film of the Applicant is yet to commence pre-production work also, for this reason no substantial reputation and goodwill has been established by the Applicant. It is submitted that the Applicant is not using the title “Saamaniyan” and has not created any goodwill or publicity and has not shown any proof towards the release of any film under the said title. The Applicant claims to have a censor certificate dated 29.09.2022 for the video teaser 1.01 mins sec. However, he had rushed and taken steps to shoot the video teaser alone inorder to stop me from releasing my film titled “Saamaniyan”. However, other than the said teaser the Applicant has no other progress unlike me.
19. I submit that I have released a poster titled “Saamaniyan” on 19.09.2022 subsequently the Applicant has purposely rushed to take a video teaser and got the certificate from Censor Board on 29.09.2022. I submit that as the Applicant claims the shooting of the said film has not been commenced yet. It is submitted that the poster of the film was released on 19.09.2022 and the film is scheduled to be released but the Applicant did not approach the court immediately. It is very clear that the act of the Applicant in moving the court in last minute to stop the released of the film obviously with a view to arm twist the Respondents.
20. I state that the Hon’ble Supreme Court and the Madras High Court has held the several cases that coming to the court at the last minute to stop the release of the film is not permissible. The Applicant has intentionally filed the present Application at the last minute and hopes to make money from the controversy and the same should not be entertained.
21. I submit that the present suit was filed with no proper cause of action. The prayer sought for by the Applicant is not maintainable as the Title of the film has no Copyright.
For the reasons stated supra, this Hon’ble Court may be pleased to dismiss the present Application and thus render justice.
Solemnly affirmed at Chennai BEFORE ME
on this the 22nd day of February 2023
and signed his name in my presence
ADVOCATE, CHENNAI
