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2018 Supreme(Cal) 602

SOUMEN SEN
Indian Performing Right Society Ltd. – Appellant
Versus
Vodafone Idea Ltd. – Respondent


Advocates Appeared:
Anindya Kr. Mitra, Abhrajit Mitra, Pratap Chtterjee, Sr. Advocates, Soumya Roychowdhury, Himanshu Bagri, Sourasij Dasgupta, Ritesh Kumar Ganguly, Mudrika Khaitan, Arunabha Deb, Soumabho Ghose, Deepan Sarkar, Subhradip Roy, Advocates.

JUDGMENT :

1. In an action for copyright infringement, the plaintiff has filed this interlocutory application praying, inter alia, for appointment of a Special Officer to visit the office/offices of the respondent and retrieve from the respondent’s computer software and hardware memory the user data of the respondent’s past exploitation of the petitioner’s works 2 and the petitioner has also prayed for mandatory injunction directing the respondent to remove from its Value Added Service platform (VAS) and other platforms all cinematograph films, sound recordings and the like where the underlying copyright in literary and musical works belong to the petitioner save and except the petitioner’s rights flowing from the sound recordings belonging to Saregama India Limited.

2. The petitioner in short IPRS is a nonprofit body originally established on 23rd August, 1969 to monitor, protect and enforce the rights, interest and privileges of its members comprising of more than 4000 authors (lyricists), music composers and publishers of musical works and literary works (i.e. lyrics) associated with musical works. The petitioner contends that the respondent as part of its telecommunication servic










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