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2016 Supreme(Del) 3916
IN THE HIGH COURT OF DELHI AT NEW DELHI
G.S. SISTANI, J.
Super Cassettes Industries Pvt Ltd - Plaintiff
Versus
Param Hans City Cable Network - Defendant
CS(OS) 3292 of 2015
Decided On : 26-10-2016
For the Plaintiff : Ms. Prachi Agarwal.
The main legal point established in the judgment is that unlicensed broadcasts of copyrighted works constitute infringement of copyright, as per the provisions of the Copyright Act.
Headnote:
Copyright Infringement - Entertainment Industry - Copyright Act, Section 14, Section 51, Section 2(ff) - The court found that the defendant had infringed the plaintiff's copyright in sound recordings and audio visual works. The court decreed the suit in favor of the plaintiff and awarded punitive damages of Rs. 5 lakh.
Fact of the Case:
The plaintiff, an entertainment company, filed a suit for permanent injunction restraining infringement of copyright, damages, and rendition of accounts against the defendant, a ground cable operator. The plaintiff alleged that the defendant was broadcasting the plaintiff's copyrighted works without a license, causing severe financial loss.
Finding of the Court:
The court found that the defendant had infringed the plaintiff's copyright in sound recordings and audio visual works by broadcasting them without a license. The court decreed the suit in favor of the plaintiff and awarded punitive damages of Rs. 5 lakh.
Issues: The main issue was whether the defendant's unlicensed broadcasts of the plaintiff's copyrighted works constituted infringement of the plaintiff's copyright.
Ratio Decidendi: The court relied on the Copyright Act, specifically Section 14, Section 51, and Section 2(ff), to establish the exclusive rights of the copyright owner and the definition of 'communication to the public.' The court found that the defendant's actions fell within the domain of copyright infringement.
Final Decision: The court decreed the suit in favor of the plaintiff and awarded punitive damages of Rs. 5 lakh against the defendant.
G.S. SISTANI, J.
1. The plaintiff has filed the present suit for permanent injunction restraining infringement of copyright, damages, rendition of accounts etc.
2. Learned counsel for the plaintiff submits that summons in the suit were issued vide order dated 22.01.2016, when an ex parte ad interim injunction was passed in favour of the plaintiff and against the defendant. Counsel further submits that on the next date of hearing, i.e. 23.05.2016, since the defendant had refused to accept service and none was present on behalf of the defendant, the defendant was proceeded ex parte. The plaintiff has also filed the ex parte evidence of Mr. S.K. Dutta, PW-1 and Mr. Mohit Sharma, PW-2.
3. As per the plaint, the plaintiff company was initially established as a private limited company, Super Cassettes Industries Pvt. Ltd., in the year 1983; it became a deemed public limited company under the Companies Act in the year 1988-89 and thereafter on 11.06.2014, the company has converted to a private limited company.
4. The plaintiff company has been engaged in the business of producing and marketing audio cassettes, video cassettes, compact discs, televisions, CD players etc., all sold under the brand ‘T-SERIES’. Apart from its music label, the plaintiff has further widened the scope of its offering and ventured into the business of film production and distribution. The plaintiff is, thus, the owner of a large repertoire of copyright works comprising inter-alia of cinematographic films, sound recordings and underlying musical and literary works, which are its most precious assets. T-SERIES has over 20,000 hindi film and non-film songs and around 50,000 songs in regional languages to its credit. Its vast repertoire adds up to tens of thousands of hours of invaluable music, which is expanding every single day.
5. As per the plaint, the plaintiff has a number of exclusive recording arrangements with some of the well-known artists/singers and has also initiated ‘Music Bank’, the first in the country, which is a storehouse of old and new titles. The plaintiff also has state-of-the-art facilities for the purpose of recording music and is arguably the largest promoter of new talent in India, with several stars of today starting their careers with the plaintiff. The plaintiff has also launched and/or promoted many songwriters, Music-Directors and video directors. The plaintiff has even established a film production division, widening the scope of its offerings to the public.
6. As per the plaint, the plaintiff acquires copyright in all the literary, musical and other works which it commissions and manages through assignments from the authors or other prior owners of copyright in the same. Further, as producer thereof the plaintiff is itself the corporate author of and the first owner of copyright in those sound recordings and audio visual works (cinematograph films) which the plaintiff itself produces by taking the initiative and responsibility for the same. The plaintiff’s repertoire is easily identified by the public, since all the CDs/DVDs/VCDs, apart from T-Series logo, contain the following copyright notice as required under Section 52A of the Copyright Act at the bottom of the CD/VCDs/DVDs, respectively:
“xxx & xxx ………..Manufactured at Noida (U.P) by SUPER CASSETTES INDUSTRIES LIMITED, E-2/16, White House, Ansari Road, Darya Ganj, New Delhi-110 002 (INDIA) All rights of the producer and the owner of the recorded work reserved. Unauthorized copying, public performance, broadcasting, usage, publishing adapting, synchronization, hiring or rental of this recording prohibited. Offenders shall be liable to damages and prosecution. Tel.: 0120-2515102, 2515116, 2515117, 2515118. Fax: 0091-1202515110 & 2515121.”
7. The plaintiff’s business activities also include giving licenses to various organizations for the use of its repertoire of copyrighted works comprising of cinematograph films, sound recordings and underlying musical and/or literary works
