A version recording that is not an original work and that violates the mandate of Section 13 (3) (b) of the Copyright Act, 1958, is not entitled to the protection afforded by Section 52 (1) (j) of the Act.

( 1 ). This is an application for interim injunction in a suit asserting rights under Section 52 (1) (j) of the Copyright Act (hereinafter referred to as `the Act ). The plaintiff company is the manufacturer, producer and marketeer of pre-recorded audio cassettes and other records under the logo T Series. The plaintiff produced a sound recording under its banner T Series which was inter alia based on the song `chalo Dildar Chalo from the film `pakeezah by giving notice to the original producer Mahal Pictures under Section 52 (1) (j) and Rule 21 (2) (b) of the Copyright Act. Such a recording is known in the music business as a version recording and inter-alia involves the singing of a well-known song by a lesser known singer. The plaintiff gave prescribed royalty of Rs. 400 for producing 10,000 copies to the original owner. When the defendant attempted to produce a version recording of the version recording of the plaintiff by treading the path carved out by the plaintiff, the plaintiff has come to this Court for an injunction restraining the defendant from what is averred to be a copyright violation of its version recording. The dispute in the present suit inter-alia pertains to a song "chalo Dildar Chalo from the film `pakeezah , for which the original owners of the musical works were M/s Mahal Pictures Pvt. Limited. This song forms part of two audio cassettes produced by the plaintiff called Yadein Vol. I and Yadein Vol. II. The plaintiff has further averred that it has produced this song under the provisions of Section 52 (1) (j) of the Copyright Act, 1958 (hereinafter referred to as the `act ) read with Rule 21 of the Copyright Rules, 1958. By the letter dated 10th June, 1986 the plaintiff claims to have paid a sum of Rs. 400. 00 to Mahal Pictures the original owner of the musical work `chalo Dildaar Chalo for producing 10,000 records of Chalo Dildar Chalo. The said letter dated 10th June, 1986 also stated in para (b) as under:

" (B) we do not propose to make any alteration in or omission from the work unless such alteration and omissions are necessary for the adaptation of the work to the record in question. "the audio cassettes are said to have been produced pursuant to the said letter sent under the provisions of Section 52 (i) (j) of the Act and said to carry such an endorsement on the inlay card. The defendants had offered to purchase similar rights under Section 52 (1) (j) of the Act in respect of the tapes Yadein Vol. I and II produced by the plaintiff which included the song chalo Dildar Chalo from the plaintiffs and had accordingly issued a cheque for Rs. 1,000. 00 as 5 per cent royalty prescribed by the Copyright Board for manufacturing 400 audio cassettes to be sold at Rs. 25. 00 per cassette.

( 2 ) THE defendants case was that the plaintiffs itself produced a copy and at best was only protected by the statutory protection failing which the plaintiff would have been guilty of violation of the copyright of original work under Section 51 and the plaintiffs could not claim to be an owner of the original work but nevertheless to avoid any petty disputes the payment was being made.

( 3 ) ON the other hand, the plaintiffs case is that in re-recording the song in question the plaintiffs had to engage musicians, singers and music conductors and to create the original music track of the musical works. It was further submitted by the plaintiff that in re recording it has used sufficient independent skill and labour and has therefore, got its own legitimate and legal rights of copyright in the Record and the musical work so produced. The record produced was a substantially new arrangement and/or necessary adaptation of the existing records. The plaintiff s case was that its sound recording (version recording) would be entitled to a separate sound recording copyright and the reproduction of the same would require the licence and consent of the owner of the copyright in the version sound recording, i.