IN THE COURT OF THE HON’BLE CHIEF JUDGE:

CITY CIVIL COURT:

AT: HYDERABAD

O.S. No. 60 of 2018

Between:

Mr. Parisi Jaya Kumar.

S/o. P Sundar Kumar
Age:27 Yrs, Occu: Film Script Writer
R/o. D.No. 1-1-9/1/1, 3Rd Floor, Chikadpally
Hyderabad-500020.
Telangana.
…. Plaintiff

And

1. Sri. P. Ram Gopal Varma.

S/o. Krishnam Raju Varma,
Age about: 55 Years, Occ: Film Maker and Producer
R/o. # 2nd Floor, 16/3 Rt, Panjagutta Colony,
Punjagutta, Hyderabad-500082, Telangana, India.

2. M/s. R- Company
Rep. by its proprietor Ram Gopal Varma
O/o. 9,10,11, Wood Row House, Veera Desai Road
Andheri West, Mumbai- 400047
Maharshtra, India.

3. M/s. Mia Malkova,

D/o. Not known to the Plaintiff,
Occ: Adult Actress,
R/o. Palm Springs, California
United States of America.

4. M/s. Vimeo Entertainments

O/o. 527 W, 18th Street,
New York, NY 10011,
United States of America.

5. M/s. Youtube LLC

O/o. 901, Cherrry Avenue
San Bruno, CA 94066
United States of America.

…Defendants

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 SUIT FOR PERMANENT INJUNCTION FOR INFRINGEMENT OF
COPY RIGHT IN THE FILM SCRIPT/LITERARY WORK.

PLAINT FILED UNDER ORDER VII RULE 1& 2 READ WITH

SECTION 26 OF THE CODE OF CIVIL PROCEDURE, READ WITH
SECTION 51, 55 & 58 OF COPY RIGHT ACT 1957

I. DESCRIPTION OF THE PLAINTIFF:

The address of the Plaintiff is same as shown in the cause title

and address for service of summons, process and issue of

notices etc., is that of his Counsel Dr. Venkat Reddy Donthi

Reddy, P.V.V. Gopala Krishna Murthy, P. Sharath Babu,

K.Mallikarjun, A. Ramakanth Reddy and S.M. Saifullah

Advocates, Office of the RVR Associates, IPR Attorneys &

Advocates, Flat No. G-4, #3-4-543 & 544, Laxmi Nilayam Apts.,

Adj: YMCA Ground, Narayanaguda, Hyderabad-27, Telangana,

India Phone No.040-66735595, Email:

[email protected]

II. DESCRIPTION OF THE DEFENDANTS:

The address of the Defendant s is same as shown in the above

cause title for the purpose of summons, notices, process etc.,

are as follows:

1. Sri. Ram Gopal Varma.

S/o. Krishnam Raju Varma,
Age about: 55 Years,
Occ: Film Maker and Producer
R/o. # 2nd Floor, 16/3 Rt, Panjagutta Colony,
Punjagutta, Hyderabad-500082, Telangana, India.

2. M/s. R- Company
Rep. by its proprietor Ram Gopal Varma
O/o. 9,10,11, Wood Row House, Veera Desai Road
Andheri West, Mumbai- 400047, Maharshtra.

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 3. M/s. Mia Malkova,
D/o. Not known to the Plaintiff,
Occ: Adult Actress,
R/o. Palm Springs, California
United States of America.

4. M/s -Vimeo Entertainments

O/o. 527 W, 18th Street,
Newyork, NY 10011,
United States of America.

5. M/s. Youtube LLC

O/o. 901, Cherrry Avenue
San Bruno, CA 94066
United States of America.

III. BRIEF FACTS OF THE CASE:

The Plaintiff herein respectfully submits as follows:

1) It is submitted that the Plaintiff is a professional film script

writer and is known for writing the script for a well-known

movie titled “Sarkar 3” starring Amitabh Bachan. It is apt to

state that script creation is one of the early steps in making of

a film. The process involves conceptualization of idea, creation

of a concept note followed by preparation of the storyboards

and script.

2) It is respectfully submitted that the Plaintiff is associated with

the film industry and thus acquainted with the Defendant

No.1. It is submitted that in the year 2015, the plaintiff has

conceptualized the original story of enhancing the sensuality of

a women’s beauty which is per se unique and novel. After

developing the first draft of script, the plaintiff had approached

the Defendant No. 1 for converting his script into celluloid. It

is submitted that after series of discussions and email

correspondences between the Plaintiff and the Defendant No.1

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 on 1st April 2015, the plaintiff has shared his initial script to

Defendant No. 1. After going through the Script, the Defendant

No. 1 has shown interest in the initial script and the Plaintiff is

asked to send a final script and accordingly in June 2016 the

final script was sent to the email id of the Defendant No. 1

from the email id of the Plaintiff. It is submitted that the

corrections suggested by the Defendant No. 1 to the original

script under the caption “the beauty of passion” affirms that

the Defendant No. 1 has acknowledged the concept, idea and

theme of respecting and giving due credit to the sensuality of

the women’s beauty.

3) It is submitted that the Defendant No. 1 has assured the

plaintiff that he would be intimated when the production of the

film would commence. The plaintiff under bonafide impression

had been waiting for the call from the Defendant No. 1 and

nothing is heard thereafter.

4) It is respectfully submitted that while the things stood thus,

surprisingly on 16.01.2018 the Defendant No. 1 had released

the official trailer of a film/project titled as “GOD, SEX AND

TRUTH” over the YouTube channel, starring Adult Actress from

America “Mia Malkova”, the 3rd Defendant herein. It is further

submitted that after watching the trailer, the Plaintiff was

shocked and astonished to note that the Defendant No. 1 has

substantially copied the script of the plaintiff as it can be

evident from the dialogues of Defendant No. 3. The Plaintiff was

pained at the loss of his intellectual labour in the preparation

of that script. The striking similarities between plaintiff’s script

and Defendant ’s film are depicted below in the tabular format.

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 Sl. Original Plaintiff’s Script The relevant
No. dialogues/script copied by
the Defendant in the Trailer
under title “GOD, SEX AND
TRUTH”

1. It is not what it is. It is what It should never be what it is.

it could be and what it It should always be what it
should be. Here “could be” could be and what it should
is a process while “should be said, Ayn Rand. “could be”
be” is a need. While you’re is an aim while “should be” is
on the way of figuring it out a destination. (Doc.No.7 & 8).
what it could be, once
you figured out, it better
should be (Doc.No.1).

3. A woman is not property A woman is not a property,

and husbands who think and any who think otherwise
otherwise are not men but are just slave drivers
tradesmen (Doc.No.1). (Doc.No.7 & 8).

4. I feel u are being barbaric to A woman to be restricted to

ur cunt by not allowing it to just one man is being
be filled by what it is made barbaric to the very existence
for (Doc.No.1). of her sexual being because
she is being restricted from
being herself (Doc.No.7 & 8).
5. Porn for me is the most Its only the world of porn
universally diverse source which offered me that
for limitless pleasure ultimate heaven (Doc.No.7 &
(Doc.No.5) 8).
6. This film I thank God for creating Sex
is dedicated to women for and creating me as a woman
their beauty …… (Doc.No.7 & 8).
and to God for creating
desire (Doc.No.4)

5) It is respectfully submitted that the similarities as enumerated

hereinabove, unequivocally reflects the violation of plaintiff’s

copyright vested in the literary work/film script. It is further

submitted that Defendants have unauthorizedly stolen and

copied the plaintiff’s script without his consent or permission.

The essential elements of the Plaintiff’s script which are stated

above have been used by the Defendant s' in their film/project

‘God Sex and Truth'. The uncanny similarities of the overall

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 story makes it evident that the Defendant’s have slavishly

copied the original literary work of the plaintiff.

6) The Plaintiff being the Copyright owner and author of the

script/literary work as defined under Section 2 (d) (i)) read with

Section 14 of the Copyright Act,1957 if any third person

uses/misuse any constituent part of the literary work without

obtaining necessary permissions from the plaintiff, it

constitutes infringement of Copyright. For better

understanding, the plaintiff craves the leave to extract the

relevant provisions of the Copyright Act.

Section 2(d) : "Author" means

(i) in relation to a literary or dramatic work, the author

of the work.

Section 14: Meaning of copyright:

(1) For the purpose of this Act, "copyright" means the

exclusive right, subject to the provisions of this Act to do
or authorise the doing of any of the following acts in
respect of a work or any substantial part thereof,
namely,-

(a) in the case of a literary, dramatic or musical work, not

being a compute programme,-

(i) to reproduce the work in any material form

including the storing of it in any medium by electronic
means;

(ii) to issue copies fo the work to the public not being

copies already in circulation;

(iii) to perform the work in public, or communicate it

to the public;

(iv) to make any cinematograph film or sound

recording in respect of the work;

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 (v) to make any translation of the work;

(vi) to make any adaptation of the work;

(vii) to do, in relation to a translation or an adaptation

of the work, any of the acts specified in relation to the
work in sub-clauses (i) to Ivi);

7) It is respectfully submitted that a mere view of the trailer of the

film “God Sex and Truth'”, available on YouTube gives an

impression that the said film is exact replica of the plaintiff’s

script. The Plaintiff submits that the Defendant has neither

approached the Plaintiff nor obtained his consent or permission

to use the script/plot line in his forthcoming film/project. As a

matter of fact the plaintiff started receiving calls from his

friends and colleagues enquiring whether he is the screenwriter

of the said movie/project. The Defendants have unauthorizedly

used the plot from the Plaintiff’s script in their forthcoming

film/project to illicitly derive benefit and the same amounts to

causing confusion and deception amongst the trade and

public.

8) It is respectfully submitted that this is not the first time that

the Defendant No.1 has attempted to infringe the rights of the

intellectual property owners. There are several other persons

who have initiated legal proceedings against Defendant No.1 on

account of infringing their copyrighted works. In some of the

said matters the Hon’ble Courts were pleased to award

damages to the tune of Rs.10 Lakhs. Therefore, the Defendant

No.1 is in the habit of violating the legal rights and is the

habitual infringer.

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9) The Plaintiff respectfully submits that the Defendants have

deliberately copied the plaintiff’s script in their forthcoming film

only with a malafide intention to derive illicit benefits based

upon the goodwill emanating from the unique story of the

Plaintiff’s script.

10) The Plaintiff further submits that the unauthorized use of the

Plaintiff’s script, by the Defendant No.1 in his upcoming film

constitutes infringement of copyright and wants to capitalize on

the novel storyline which was conceptualized and developed by

the plaintiff herein.

11) The Plaintiff respectfully submits that any derogation/

violation/ unauthorized/unlicensed use of the literary work or

its Constituent elements, would amount to an infringement of

Copyright work of the Plaintiff by virtue of Section 14 read with

Section 51 and Section 55 of the Copyright Act, 1957.

12) The Plaintiff respectfully submits that the Defendant No.1 has

distorted and mutilated his original Copyright work. The

Defendants have also infringed the moral rights of the Plaintiff

as per Section 57 of the Copyright Act, 1957.

13) The Plaintiff further submits that even as per the guidelines of

World Intellectual Property Organization (WIPO), which is an

international agency states that an unauthorized use of literary

work is not a bonafide use and the right to commercially use or

exploit the said work, vests with the person who has created

that work and can lawfully restrict any third party from

exploiting that same for commercial purposes.

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14) The Plaintiff, being the creator and the original author of the

literary work, is the first owner of the copyright and no

individual can use such work without the express permission

of the author. The release of the movie/film under the title

“GOD, SEX and TRUTH” by incorporating the plaintiff’s story

by the Defendants jointly and severally without any consent or

without there being any permission by the Plaintiff is per se

illegal. It is submitted that display of the trailer on the web site

by name www.youtube.com the Defendant No.5 herein and

releasing the full video on 26th January, 2018 on digital

platform i.e. the website of Defendant No.4 herein for the

purpose of gaining commercially by copying the script of the

plaintiff amounts to violation of the legitimate rights of the

Plaintiff over the said literary work. Therefore the unethical

acts and deeds of the Defendants are nothing but an act of

infringement of copy right of the Plaintiff over the script and

therefore the Defendants are liable to be restrained from doing

so by way of restraint/injunction order, as otherwise the

legitimate rights of the Plaintiff being the creator and author of

the literary work will be grossly jeopardized and prejudicially

affected and in such an event the damage and loss sustained

by the Plaintiff cannot be compensated in any terms.

15) The Plaintiff respectfully states that due to the said wrongful

and illegal acts of the Defendants, the Plaintiff is subjected to

mental agony and suffering loss in view of the blatant imitation

of Plaintiff’s original literary work in copyright. It is submitted

that the Defendant No.1, with a view to commit fraud and

deceive the public and to make easy money, is adopting illegal

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 methods is snatching away the Intellectual Property Rights of

the Plaintiff and the Defendants have no justification to copy

the original script of the Plaintiff with identical theme and

storyline. It is submitted that the Defendant No.2 deliberately

with oblique motive has adopted the identical story in his

celluloid and is causing irreparable loss and damage/ injury to

the Plaintiff.

16) It is submitted that the Defendant No.2 is said to be the

production house of the Defendant No.1. The Defendant No.1

is the producer and director of the said celluloid, the Defendant

No.3 is the actress of the said film produced by the Defendant

No.1 & 2. The Defendant No.4 is the company through which

the said movie is being released and exhibited online on 26th

January 2018. The Defendant No.5 is the website on which the

official trailer of the movie is released.

17) It is submitted that soon after Plaintiff received the information

that the Defendant No.1 is going to release the film, the

plaintiff tried to approach the Defendant No.1 however such

efforts were of no effect. The plaintiff informed the press about

the infringing activities of the Defendants and accordingly the

same is widely reported in the media.

18) The Plaintiff submits that in view of the above stated facts and

circumstances, the Plaintiff has prima facie case and balance of

convenience is in his favour in as much as, if perpetual

injunction is not granted as prayed for, the Plaintiff will be put

to irreparable loss and hardship which may not be

compensated in any terms. On the other hand, if injunction is

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 granted, no harm would be caused to the Defendants. In the

above stated circumstances having no other alternative, the

plaintiff has laid the present suit for appropriate relief. The

Plaintiff is claiming the notional damages with the liberty to

enhance the same with the permission of the Honourable court

as and when required.

IV. CAUSE OF ACTION:

The Cause of action for the suit wholly and partly originally

arose on 01.04.2015 when the Plaintiff has sent an Email to

the Defendant No.1 through his mail ID : describing the theme

about the women, beauty and sexuality and subsequent emails

sent on 15.04.2015, 16.04.2015, 07.06.2016 and sharing the

final script on 28.06.2016 and on 16.01.2018 when the

Defendant No.1 has released the official trailer of his upcoming

film under the title “GOD, SEX AND TRUTH” on the YouTube

channel and when the plaintiff came to know that the

Defendants have unauthorizedly lifted and copied the script of

the plaintiff in his forthcoming film “GOD, SEX AND TRUTH”

and the cause of action is still subsisting and continuous.

V. DECLARATION:

The plaintiff has not filed any suit or other proceedings for the

similar relief sought for in the present suit before any court of

law or other tribunal except present suit for injunction.

VI. JURISDICTION:

The Plaintiff and Defendant No.2 is residing within the

territorial jurisdiction of this Hon’ble court, which is within the

territorial jurisdiction of this Hon’ble court and the entire cause

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 of action wholly and in part arises for the suit is within the

territorial jurisdiction of this Hon’ble court and hence this

Hon’ble court has got both territorial and pecuniary

jurisdiction to entertain and adjudicate the matter. This Court

has got original jurisdiction to entertain this Suit as per Sec-62

of Copy Right Act, 1957 and as per the provisions of CPC.

VII. VALUATION OF THE SUIT:

The value of the suit for purpose of court fee and jurisdiction is

as follows:

a). The relief of permanent injunction restraining the

Defendants from infringement of copy right of the

plaintiff’s literary work and using the same in their

upcoming film GOD, SEX and TRUTH is valued at Rs. 5,

00,000/- for the purpose of Court fee and jurisdiction

and the Court fee of Rs.7426 /- is paid herewith, which

is sufficient as per Section 26 (c) of A.P. Court Fee & Suit

Valuation Act, 1956.

b). The relief of damages is notionally valued to the tune of

Rs.5,00,000/- for loss of good will and business, damage

to the reputation of the Plaintiff and the court fees of Rs.

7,426/- is paid which is sufficient as per Section 20 of

A.P. Court fee & Suit Valuation Act, 1956. The Plaintiff

undertakes to pay Court fee on the actual damages as

and when the quantum is ascertained.

c). For an order of surrender of offending copy right work,

along with any computer software, hardware, electronic

or magnetic storage devices to the tune of Rs.1,00,000/-

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 and the court fees of Rs. 3426/- is paid and which is

sufficient as per Section 20 of A.P. Court fee & Suit

Valuation Act, 1956.

The reliefs mentioned above are consequential relief:

Thus the total suit is valued for the purpose of the court

fees and jurisdiction at Rs.11,00,000/- and the proper

court fee of Rs. 18,278/- is paid herewith vide Challan

No............ In the account of the Chief Judge, C.C.C.,

Hyderabad, the copy of the said Challan is enclosed here

with.

VIII. PRAYER:

The Plaintiff therefore prays this Honourable court may be pleased to

pass judgment and decree in favour of the plaintiff and against the

Defendants:

1. By granting permanent injunction restraining the Defendants,

whether by themselves, their employees, agents, servants, or

anyone claiming through them from releasing, broadcasting,

exhibiting, promoting and distributing the forthcoming

film/project titled “GOD, SEX AND TRUTH” or under any

other title which is an adaption of the Petitioner/plaintiff’s

Literary work, in any manner either in the form of movie or on

the digital platform, either partly or fully in any manner

whatsoever amounting to infringement and violation of

copyright.

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2. The Defendants be ordered to remove all references/press

release/ videos/ posters/ advertisements/ content/ publicity

materials containing the script/story/ dialogues lifted from the

plaintiff’s literary work from all websites, television channels,

radio channels, newspapers or other modes of advertisement in

any other modes of electronic or print media in respect of its

forthcoming project/film titled “GOD, SEX AND TRUTH”.

3. To direct the Defendants to pay a sum of Rs. 5,00,000/- as

compensatory and punitive damages which is claimed for the

estimated loss of income and reputation owing to the

unauthorized use of the script/story/ dialogues lifted/copied

from the plaintiff’s literary work in their upcoming film/project

titled “GOD, SEX AND TRUTH”.

4. To direct the Defendant s to pay the costs of the Suit to the

Plaintiff and

5. To pass such other relief or reliefs as this Honourable court

may deem fit and proper in the circumstances of the case.

Date: 23-01-2018.

Place: Hyderabad Plaintiff

Counsel for Plaintiff

VERIFICATION

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 I, Parisi Jayakumar, S/o. P Sundar Kumar, aged 27 years,

Occ.: Film Script Writer, Residing D.No.1-1-9/1/1, 3Rd Floor,

Chikadpally, Hyderabad do hereby declare that the facts stated above

are all true and correct to the best of my knowledge and belief and

upon the advice of the counsel and I sign this verification on this 23rd

day of January 2018.

Date : 23-01-2018.

Place : Hyderabad Plaintiff

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