Supreme Court Dismisses Director SJ Suryah's Plea For Injunction Against Hindi Remake Of Tamil Film 'Valee'
A Supreme Court bench of Justices MR Shah and BV Nagarathna recently upheld Madras High Court's order dated November 12, 2021 of refusing to grant injunction against the remake of the Tamil film "Valee".SJ Suryah, the director of the 1999 film starring Ajith and Simran, had approached the Top Court. Dismissing his petition, the Top Court in the order dated April 25 said, "We have...
A Supreme Court bench of Justices MR Shah and BV Nagarathna recently upheld Madras High Court's order dated November 12, 2021 of refusing to grant injunction against the remake of the Tamil film "Valee".
SJ Suryah, the director of the 1999 film starring Ajith and Simran, had approached the Top Court.
Dismissing his petition, the Top Court in the order dated April 25 said,
"We have heard Mrs. V. Mohana, learned Senior Advocate, appearing for the petitioner for about half an hour but unable to convince this Court on the injunction to be granted against the remake of the film 'Vaalee' in Hindi and other languages. We have gone through the impugned judgment and order passed by the High Court. No interference of this Court is called for insofar as refusing to grant the injunction is concerned."
Although the bench upheld the High Court's judgement, it said that if ultimately the plaintiff succeeds in the suit and establishes his right, he can claim the damages and/or compensation.
The injunction which was sought for copyright infringement was against the producer and one Fakrudeen Ali, who had bought the remake rights of the film, 'Vaalee'.
SJ Suryah had claimed that credit for the story, screenplay and dialogue pertaining to the film was given to him.
While dismissing the plea for grant of interim relief by way of injunction, the High Court had noted that the director had failed to produce anything that prima facie denotes his rights over the screenplay and dialogue.
"Even at the interlocutory stage, a degree of the burden of proof has to be discharged by a party seeking interim relief," the court said while remarking that S.J Suryah couldn't convince the court on that matter.
"There can be no dispute that in respect of a cinematograph film, it is the producer of the film who is the owner of the copyright in the cinematograph film itself...Insofar as the copyright in the original story or the original screenplay or dialogue is concerned, to the extent the same is used in the film upon due consideration therefor being tendered by the producer, the producer is also deemed to be the owner of the copyright therein", the High Court had observed.
Case Title: SJ Suryah v SS Chakravarthy & Anr| SLP (Civil) 7081/2022
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