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“The procurement of license by the respondent in the past would indicate the knowledge of the respondents that, for the purpose of communicating the plaintiff’s copyrighted sound recordings, it is necessary to obtain the license from the plaintiff.”
The case pertains to alleged exploitation of PPL’s sound recording in the bars and restaurants owned by Azure Hospitality without taking any license from PPL.
The act of the defendants of playing the sound recordings in their restaurants/bars, for which the plaintiff holds the copyright would, on a prima facie view, amount to infringement of the plaintiff’s copyright in terms of Section 51 of the Copyright Act, 1957.
Delhi High Court held that the plaintiff, PPL India, established a compelling case of copyright infringement against Geetanjali Salon, the defendants, with a clear imbalance of convenience favoring the plaintiff’s protection of intellectual property, an interim injunction is granted to halt the defendants’ unauthorized use of copyrighted materials.
“Bohemia and his agents are restrained from posting, uploading, sharing, e-sharing and/or publishing or causing any defamatory, disparaging, misleading posts against Saga Music (P) Ltd. on any social media or digital platform.”
“Forbearance from granting such relief would enable the defendants to continue exploiting the plaintiff’s copyright, which would result in irreparable prejudice to the plaintiff.”
Bombay High Court: In a very important case relating to rights of an owner of the copyright in sound recordings, S.J. Kathawalla, J. issued