Delhi High Court: An application was filed on behalf of the plaintiff under Section 151 of the Code of Civil Procedure, 1908 (“CPC”) for placing Digital Versatile Discs (DVDs)/ Video Compact Discs (VCDs) on record. Mini Pushkarna, J., held that the Registry may receive the electronic record in a pen drive, so long it is encrypted with a hash value, or in any other non-editable format and the video recording containing the pen drive, be placed in the electronic record of the present suit, in a format which is not editable, so that the same can be viewed by the Court during the course of hearing.
The plaintiff initiated proceedings against the defendants, who operate entertainment establishments known as Social- Saket and Social- Hauz Khas. The plaintiff holds the copyright to specific sound recordings and claims that the defendants have been playing these recordings without authorization. As part of the proceedings, the plaintiff sought to introduce video recordings that document the unauthorized use of their copyrighted material. Consequently, the plaintiff filed an application under Section 151 of the Code of Civil Procedure, 1908 (CPC), to place Digital Versatile Discs (DVDs) and Video Compact Discs (VCDs) containing the said recordings.
Counsel for plaintiff emphasized the necessity of submitting these recordings as they provide evidence of the defendants’ alleged copyright infringement. It was stated that these recordings date back to specific instances between 02-03-2024 and 23-03-2024, during which the defendants played the plaintiff’s songs without obtaining the requisite licenses. The application was made under the provision of Rule 24 of Chapter XI of the Delhi High Court (Original Side) Rules, 2018, which outlines the process for receiving electronic records. This rule mandates that electronic evidence must be presented in an encrypted format and accompanied by a memorandum detailing the hash value of the media.
Counsel for the defendants acknowledged receipt of the notice and expressed their willingness to comply with the prior undertaking made to the Court on 26-02-2024, wherein they had agreed to refrain from playing any sound recordings belonging to the plaintiff without proper licensing. The defendants argued that any instances of infringement that may have occurred were inadvertent and reiterated their commitment to resolving the matter through a formal licensing agreement. They suggested that senior representatives from both parties engage in discussions to finalize the licensing terms.
The Court noted the importance of enforcing copyright protections, particularly in an era where digital media is easily reproducible and disseminated. The request to submit the DVDs/VCDs was granted, aligning with the procedural requirements outlined in the applicable rules, thus allowing the evidence to be included in the case record. The Court highlighted the necessity of maintaining the integrity of electronic evidence by ensuring it is presented in a non-editable format.
The Court’s observations further indicated a recognition of the complexities in copyright disputes and the need for effective resolution mechanisms. The suggestion for high-level talks between the parties reflects the Court’s inclination to encourage amicable settlements, emphasizing the role of dialogue in resolving intellectual property disputes rather than protracted litigation.
Thus, the Court approved the application for the admission of electronic records, allowing the plaintiff to submit the encrypted DVDs/VCDs as part of the evidence. Furthermore, the Court ordered that senior representative from both sides, including the CEO and COO of the defendants and key personnel from the plaintiff’s side, engage in discussions to seek a resolution, thereby acknowledging the importance of cooperation in settling disputes related to copyright infringements.
[Novex Communications Private Limited v. Impresario Entertainment and Hospitality Pvt. Ltd., 2024 SCC OnLine Del 7074, decided on 23-08-2024]
Advocates who appeared in this case:
Mr. C.M. Lall, Sr. Adv. with Mr. Jasdeep Dhillon and Mr. Anirudh Jamwal, Advocates for plaintiff
Mr. Amit Sibal, Mr. Akshay Makhija, Sr. Advs. with Ms. Shikha Sachdeva, Ms. Kriti Rathi, Ms. Annie Jacob, Advocates for defendants
