SOUMEN SEN
Saregama Ltd. – Appellant
Versus
New Digital Media – Respondent
Soumen Sen, J.
This is an action in infringement of copyright. The petitioner is claiming to be the owner of sound recording and underlying literally and musical works in sound recording of fifteen songs forming the part of the films produced by the producer and/or production houses. The petitioner has disclosed fifteen several agreements between the producers and/or the production houses of the films with the plaintiff covering such fifteen songs. The petitioner claims to have obtained all available rights in respect of the fifteen films including internet and digital exploitation rights in accordance with the law. It is alleged that the lyricists and music composers of the said films since had written and composed the said songs under a contract of service with the respective producers and/or production houses and, accordingly, the said respective producers became the owner of the copyright of all rights, title and interest in the literary, musical works and all other rights including sound recordings of each of the songs embodied in the said films. The petitioners alleged that the respondents without any licence or authority were using and exploiting the said songs on a
B. Gangayya & Ors. v. Vennavalli Satyanarayana & Ors. reported at AIR 1925 Mad 1021
Gramophone Co. of India v. Shanti Films reported at AIR 1997 Cal 63
Rangammal v. Kuppuswami & Anr. reported at 2011 (12) SCC 220
Saregama v. Puneet Prakash Mehra reported at 2011 (1) CHN 341 (Cal)
Saregama India Ltd. v. Suresh Jindal & Ors. reported at 2007 (34) PTC 522(Cal)
Subhra Mukherjee & Anr. v. Bharat Coking Coal Ltd. & Ors. reported at 2000(3) SCC 312
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