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2017 (5) TMI 265 - HC - Indian LawsCopyright violation - Held that:- The question of whether or not there is a violation of copyright is one that must be addressed in the first instance by the producer of the film, viz., the 1st Defendant, not by Zee. At the same time Zee’s interests, particularly in regard to the amount it paid to the 1st Defendant, must be suitably ring-fenced, pending the determination of whether or not there is a case made out of copyright violation. Thus will, therefore, and even in the absence of a formal application for this purpose, direct that Zee be joined as Defendant No. 9 to the present Suit. That amendment is to be carried out by 28th April 2017 without need of reverification. Copies of the Plaint, Notice of Motion and of all Affidavits are to be served on the Advocates for Zee. The question of whether or not Zee is permitted to telecast the offending film will necessarily turn on what the 1st Defendant has to say on this subject. As only noted that there is a very large volume of material already annexed to the Plaint that prima facie indicates that the 1st Defendant has not denied that the Kannada film is a remake of the Korean original. This material will have to be assessed.
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