In our earlier post here, we covered how the Hon’ble Court granted an ad-interim injunction in favour of the Phonographic Performance Ltd. with respect to the unlicensed exploitation of songs from its repertoire during the celebrations of Christmas and new years.
Similarly, the Indian Performing Rights Society on 19th December, 2019, obtained a favourable order available here.
Summary of the order – Respondent had on various occasions (dated 1st September, 2018 and 7th December, 2018) performed works from the repertoire of the Applicant without acquiring a license for the same.
Respondent had on being approached with a fee estimate and at another instance a legal notice denied responding or procuring a license. However, being aware of the rights of the Applicant, the Respondent had made a payment of Rs. 40,000 at one instance and issued a cheque at another instance, which was dishonoured on being presented before the bank.
Once again, the Respondent(s) had organized events on 31st December, 2019, and 5th January, 2020, wherein works from the repertoire of the Applicant were to be performed without taking a license which is in violation of the assignment rights of the Applicant.
The Hon’ble Court taking into account the earlier conduct of the Respondent ruled in favour of the Applicant and accordingly granted an injunction in favour of the Applicant.
In the matter of Novex Communications Pvt. Ltd., the Hon’ble Bombay High Court issued a favourable order restraining the respondent hotels, pubs and resorts from playing sound recordings from the repertoire of Novex without acquiring a license.
However, A District Court rejected the plea of Phonographic Performance Ltd. i.e. denied granting a stay thereby permitting the other party to play copyrighted music on new year’s bash. The Court questioned the conduct of PPL’s counsel as “non-appreciable” for seeking frequent adjournments. Despite moving the Court in winter vacation the counsel did not press for a stay on December 31st last year. More about this matter can be read upon here.
Image from here