Delhi High Court: A suit was filed by Saregama India Limited (plaintiff) seeking permanent injunction restraining the defendants from infringing its copyright in the sound recordings along with their literary and musical works in 88 cinematograph films. Mini Pushkarna, J., restrained the defendants their directors, partners or proprietors, licensees, assignees, officers, servants, agents, representatives, contractors, sister concerns and any other person working for and on behalf of the defendants from doing any act, including, exploitation/ use of the plaintiff’s copyrighted works, i.e., sound recordings/ songs along with the literary and musical works, which amounts to infringement of the plaintiff’s copyright in the plaintiff’s copyrighted works.
The plaintiff, a prominent player in the music and entertainment sector, has a long and distinguished history spanning over a century. Formerly known as ‘The Gramophone Company of India Limited’ and popularly recognized as HMV (His Master’s Voice), the plaintiff is engaged in the acquisition, distribution, and exploitation of copyrights in sound recordings and related works through various mediums. Over the years, the plaintiff has expanded into the production of cinema, television content, and digital retailing, boasting an extensive catalogue of Hindi, Malayalam, and other regional language music.
The plaintiff’s rights in the subject matter of the present suit stem from copyright assignment agreements executed with the original producers of the 88 cinematograph films in question. As per these agreements, the plaintiff owns the copyrights in the sound recordings, literary, and musical works absolutely, worldwide, and in perpetuity. For over 40 years, the plaintiff has continuously exploited these works, entering into licensing agreements with third parties who have consistently recognized the plaintiff’s rights. However, in November 2024, the plaintiff discovered that the defendants were commercially exploiting these copyrighted works without authorization on various digital platforms such as Amazon Music, Gaana, Apple Music, JioSaavn, and Spotify. This unauthorized use came to light after the plaintiff was served with a suit filed by the defendants in the District Court of Ernakulam, where they falsely claimed rights over the plaintiff’s works and obtained an ex-parte ad-interim injunction against the plaintiff.
The Ernakulam District Court eventually vacated the ex-parte injunction and dismissed the defendants’ application, recognizing the plaintiff’s rights. Despite this, the plaintiff uncovered further instances of unauthorized exploitation in December 2024. The plaintiff alleged that the defendants’ actions constituted deliberate and willful copyright infringement, causing significant financial and reputational harm to the plaintiff’s business. The defendants’ conduct was described as mala fide, aiming to reap unfair benefits from the plaintiff’s decades-long investments and hard work. Furthermore, the defendants’ actions risked setting a precedent that could encourage other parties to infringe on the plaintiff’s copyrights, thereby exacerbating the harm.
The Court considering the submissions, found that the plaintiff had established a prima facie case for the grant of an injunction and the balance of convenience favored the plaintiff and that denying an injunction would result in irreparable harm to the plaintiff while causing no prejudice to the defendants, as they had no legitimate rights over the copyrighted works. The Court also considered the potential for encouraging further infringement by third parties if the defendants were allowed to continue their unlawful activities.
Thus, the Court issued an ex-parte ad-interim injunction restraining the defendants and their associates from exploiting or using the plaintiff’s copyrighted works prohibited from any acts amounting to copyright infringement until the next hearing date, ensuring the protection of the plaintiff’s rights and interests.
[Saregama India Limited v. Movie World Visual Media Private Limited, 2024 SCC OnLine Del 9364, decided on 19-12-2024]
Advocates who appeared in this case:
Mr. Ankur Sangal, Mr. Ankit Arvind, Mr. Shashwat Rakshit and Ms. Amira Dhawan, Advocates for plaintiff
None for defendants
