Bombay HC Mutes Sports Firm's Music Plans: Ad-Interim Ban on Copyrighted Tracks at Matches

In a swift move to protect musical copyrights, the Bombay High Court's Commercial Division has granted ad-interim relief to Phonographic Performance Limited (PPL), restraining Absolute Legends Sports Private Limited and others from publicly performing or communicating PPL's sound recordings without a license. Justice Sharmila U. Deshmukh presided over the interim application in Commercial IP Suit (L) No. 27133 of 2025, emphasizing the defendants' prior awareness through past licenses and an explicit undertaking.

From Stadium Anthems to Courtroom Silence: The Backstory

Phonographic Performance Limited, a key player in licensing sound recordings, sued Absolute Legends Sports Private Limited after the sports firm failed to secure a license for upcoming cricket-style matches scheduled almost daily in 2026. PPL holds exclusive rights to grant licenses for public performance of its copyrighted tracks, commonly played at events to amp up crowds.

The dispute traces back to Respondent No. 1's history of obtaining licenses for past matches, underscoring their knowledge of the requirement. A pivotal document—an undertaking dated December 23, 2023, from the firm's Operations Manager—promised licenses for any use of PPL's recordings at premises or events it owns, controls, or conducts, extending to future acquisitions. Despite a legal notice on February 4, 2025, urging compliance before matches began, no response came, fueling PPL's fears of infringement.

This quia timet action—seeking preemptive relief against anticipated harm—was listed urgently, with notice served via email and WhatsApp. Respondents remained absent.

PPL's Crescendo of Evidence, Respondents Mute

PPL's counsel, led by Mr. Amogh Singh, highlighted the firm's repeated past licensing as ironclad proof of awareness: "The procurement of license by Respondent No. 1 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 2023 undertaking explicitly acknowledged PPL's ownership and exclusive licensing rights, binding across all venues. With fixtures showing near-daily matches, counsel stressed the "well-founded" apprehension of unauthorized play. No counter-arguments emerged, as respondents skipped the hearing.

Judge's Verdict: Harmony Restored Through Injunction

Justice Deshmukh found a strong prima facie case, noting the undertaking's validity and the dense match schedule. "The copy of the Fixture of 2026 which has been placed on record shows that matches are scheduled on almost daily basis. The action in the present case is quia timet action and apprehension that the Plaintiff’s copyrighted sound recordings will be played at the matches appears to be well-founded as in the past license was procured."

Ad-interim relief was granted per prayer (a), banning public performance or communication of PPL's recordings or use of premises for such. The matter stands over to April 8, 2026, with prior relief continuing.

Echoes from the Bench: Key Observations

  • On Knowledge and Past Practice : "Prima facie, the procurement of license by Respondent No. 1 in the past would indicate the knowledge of the Respondents that... it is necessary to obtain the license from the Plaintiff."
  • Undertaking's Weight : "The undertaking of 23rd December, 2023 acknowledges the Plaintiff’s right in sound recordings of which the Plaintiff is the owner/exclusive licensee."
  • Apprehension Justified : "Apprehension that the Plaintiff’s copyrighted sound recordings will be played at the matches appears to be well-founded..."

Implications: A Cautionary Note for Event Organizers

This ruling reinforces that prior compliance and undertakings bind future actions in copyright matters, especially for high-volume events like sports. Organizers risk swift injunctions if licenses lapse, potentially muting atmospheres and inviting costs. While interim, it signals Bombay HC's readiness to protect IP in commercial entertainment swiftly—potentially influencing venues nationwide amid rising live events.

In parallel commercial matters at Bombay HC, such as the Nagpur Bench's directives on LPG supply prioritizing domestic needs amid global disruptions (M/s Omkar Sales v. Union of India), the court underscores policy adherence, mirroring its firm stance here on licensing obligations.