Khaitan & Co successfully represented Saregama India before the Bombay High Court in a landmark intellectual property dispute involving claims of copyright infringement, royalty entitlements, and the scope of a perpetual copyright assignment. This first-of-its-kind ruling addresses key issues around infringement, royalties, and assignment scope, setting a crucial precedent.
A central issue was the interpretation of “plate” under the Copyright Act, 1957 – as amended in 2012), and whether rights in a sound recording, once assigned transfer fully to the assignee or if new rights post-assignment vest with the producer.
The Court dismissed the suit, holding that all rights in the original work vest with the assignee in perpetuity. As the first conclusive ruling on, the decision is expected to serve as a key precedent in Indian copyright jurisprudence, particularly in the context of pre and post 2012 amendments to the Act.
The Khaitan & Co team was led by Chakrapani Misra (Partner), with Jigar Parmar (Principal Associate) and Pranali Vyas (Senior Associate).
