Unauthorized exploitation of copyrighted content, previously licensed, does not qualify as fair dealing or de minimis.

JUDGMENT

N. J. Jamadar, J. - The suit is an action for infringement of copyright, rendition of accounts and damages.

2. By this application, the plaintiff seeks to restrain the defendant from utilizing, incorporating in any other work, recording, distributing, broadcasting, telecasting, disseminating or otherwise publishing or in any other way communicating to the public in any manner whatsoever on their TV channels 'News Nation', 'News State UP and Uttarakhand', 'News State MP and Chattisgarh' or any other channels or any other platform the content of the plaintiff in respect of the films set out in Exhibit a, annexed to the plaint, including any audio visual songs, clippings and scenes therefrom or using the same in any other manner whatsoever, so as to infringe the plaintiff's copyright therein and to furnish the complete log report from the month of august, 2020 till date of filing of the suit in respect of the plaintiff's content exploited by the respondent in any manner whatsoever from the films listed in Exhibit a annexed to the plaint.

3. The plaintiff is a public limited company incorporated under the Companies act, 1956. The plaintiff is inter alia engaged in the business of production, exhibition, distribution and exploitation of cinematographic films, plays, dramas, telefilms, songs etc. The plaintiff is also engaged in the business of granting licenses to other broadcasting organizations in respect of copyrights which vest with the plaintiff in respect to the said cinematographic films, plays, dramas, telefilms, songs etc.

4. The defendant is a private limited company incorporated under the Companies act, 1956. The defendant operates multiple channels such as 'News Nation', 'News State UP and Uttarkhand' and 'News State MP and Chattisgarh'.

5. The plaintiff claims to be one of the largest 'film content' houses in India and is also a negative right holder of more than 631 cinematographic films and thus the owner of copyrights in respect of those cinematographic films including audio-visual songs and audio-visual scenes, clips of the films to the extent held by the plaintiff. a list of the works in which the plaintiff holds copyright is annexed as Exhibit a to the plaint.

6. On 19th July, 2019 a non exclusive license agreement was executed between the plaintiff and the defendant whereunder non-exclusive license was granted to the defendant to broadcast and exploit audio visual songs clip(s), scenes and dialogue clip(s) on the defendant's said channels for the period commencing from 1st July, 2019 to 30th June, 2022. In the past also the defendant was granted such non exclusive license to broadcast and exploit the audio visual songs clip(s)under an agreement dated 19th July, 2018.

7. On 17th July, 2020 vide an email communication, the defendant conveyed its inability to continue with the license agreement dated 19th July, 2019. Pursuant to the request of the defendant the said agreement came to be terminated with effect from 1st august, 2020. Post termination the defendant had explicitly agreed and undertaken not to exploit any of the plaintiff's content without obtaining prior permission and license from the plaintiff.

8. Despite the termination of license agreement, the plaintiff noticed that the defendant had unauthorizedly and illegally broadcast the audio visual songs, clippings and scenes of the plaintiff's copyrighted cinematographic films on its channels. The plaintiff has furnished the details of the films, content of which was aired, in some form or other in infringement of the plaintiff's copyright for the month of august, 2020, September, 2020 and October, 2020. Letters were addressed by the plaintiff pointing the infringement of the copyright in the respective months and calling upon the defendant to pay the damages for the same.

9. Eventually, on 20th april, 2021 the plaintiff brought to the notice of the defendant, instances of infringement of the plaintiff's copyright in the month of august to October, 2020 an