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2017 Supreme(Cal) 841

SOUMEN SEN
Saregama Ltd. – Appellant
Versus
New Digital Media – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Pratap Chatterjee, Sr. Adv., Mr. Ranjan Bachawat, Sr. Adv., Mr. Debnath Ghosh, Advocate, Mr. Soumya Roy Chowdhury, Advocate, Mr. Sarosij Dasgupta, Advocate, Mr. Gautam Banerjee, Advocate.
For the Respondent:Mr. S.N. Mukherjee, Mr. Aniruddha Mitra, Mr. Samik Kanti Chakraborty, Mr. Alakananda Das, Advocate.

JUDGMENT :

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

































































































































































































































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