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2016 Supreme(Del) 3917
IN THE HIGH COURT OF DELHI AT NEW DELHI
G.S. SISTANI, J.
Super Cassettes Industries Pvt Ltd - Plaintiff
Versus
Haridwar Cables Network - Defendant
CS(COMM) 74 of 2015
Decided On : 26-10-2016
For the Plaintiff : Ms. Prachi Agarwal.
The main legal point established in the judgment is that unauthorized broadcasting of copyrighted works constitutes copyright infringement, and the court may award punitive damages in addition to compensatory damages to discourage such violations.
Headnote:
Copyright Infringement - Entertainment Industry - Copyright Act, Section 14, Section 51, Section 2(ff) - The court found that the defendant infringed the plaintiff's copyright by broadcasting copyrighted works without a license. The court decreed the suit in favor of the plaintiff and awarded punitive damages of Rs. 5 lakhs.
Fact of the Case:
The plaintiff, an entertainment company, filed a suit against a cable operator for copyright infringement. The defendant broadcasted the plaintiff's copyrighted works without a license, causing financial loss to the plaintiff.
Finding of the Court:
The court found that the defendant infringed the plaintiff's copyright by broadcasting copyrighted works without a license. The court decreed the suit in favor of the plaintiff and awarded punitive damages of Rs. 5 lakhs.
Issues: Copyright infringement, unauthorized broadcasting of copyrighted works, claim for damages, and punitive damages.
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 also cited previous cases to support the award of punitive damages.
Final Decision: The court decreed the suit in favor of the plaintiff, restraining the defendant from unauthorized broadcasting of copyrighted works and awarded punitive damages of Rs. 5 lakhs.
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 23.12.2015, when an ex parte ad interim injunction was passed in favour of the plaintiff and against the defendant. Counsel further submits that summons was duly served on the defendant, however, none was present on behalf of the defendant on 08.02.2016 and 23.05.2016; accordingly on the second date, 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 was 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 l
