The judgment establishes the principles of copyright ownership, infringement, entitlement to damages, and the grant of a permanent injunction under the Copyright Act, 1957.

MANMOHAN, J.

1. Present suit has been filed for permanent injunction restraining the infringement of copyright, mandatory injunction, damages and for rendition of accounts. The prayer clause in the present suit is reproduced hereinbelow:-

(i). Pass an order of permanent injunction restraining the Defendant, their officers, servants, agents, partners and representatives and all other acting for and on their behalf from either engaging in themselves or from authorizing the recording, distributing, broadcasting, public performance/communication to the public or in any other way exploiting the cinematograph films, sound recording and/or literary works (lyrics) and Musical works (musical composition) or other work or part thereof throughout India, that is owned by the plaintiff including all works whereon the plaintiff has shown its copyright under section 52A of the Copyright Act or doing any other act that would lead to infringement of the plaintiff’s copyright;

(ii). Pass an order for rendition of accounts of profits directly or indirectly earned by the defendant, their officers, servants, agents, partners and representatives and all other acting for and on their behalf, from their infringing activities and unlawful conduct throughout India, and a decree for the amount so found due to be passed in favour of the plaintiff;

(iii). Pass an order of mandatory injunction directing the defendant to deliver and hand over to the plaintiff or its authorized representative, all infringing tapes, copies and negatives, etc. bearing the copyrighted materials of the plaintiff;

(iv). Pass an order directing the defendant to pay to the plaintiff damages to the tune of Rs.1,00,01,000/- towards damages for acts of infringement committed till date with pendente lite and future interest at rat of 18% p.a. till payment of decretal amount; and further direct the defendant to pay future damages alongwith interest thereupon at the rate of Rs.1,00,000/- per week from the date of filing of the suit till the time the defendant stops infringing activities or such amount which the Hon’ble Court may determines;

(v). Award costs of the present suit to the plaintiff.

2. On 05th September, 2016, this Court while issuing summons, had granted an interim injunction. The relevant portion of the injunction order dated 05th September, 2016 is reproduced hereinbelow:-

“10. Accordingly, till the next date of hearing, the Defendants, their officers, servants, agents, partners and representatives and all other acting for and on their behalf are restrained from authorizing, recording, distributing, broadcasting, causing public performance/communication to the public or in any other way exploiting the cinematograph films, sound recording and/or literary work (lyrics) and musical works (musical composition) or other works or part thereof throughout India, that is owned by the Plaintiff including all works whereon the Plaintiff has shown its copyright under section 52A of the Copyright Act, 1957 or doing any other act that would lead to infringement of the Plaintiff’s copyright through its Ground Cable Network.”

3. Since despite service, defendant did not appear, it was proceeded ex-parte vide order dated 07th November, 2016.

4. The relevant facts of the present case are that the plaintiff-Super Cassettes Industries Private Limited, is one of the largest and most reputed music companies in the country and is owner of a large repertoire of copyrighted works comprising cinematographic films, sound recordings etc. operating under the brand name T-SERIES.

5. Plaintiff has acquired a copyright in all such literary, musical and other works which it commissions and manages, through assignments from authors or other prior owners of the copyright in the same. Plaintiff’s business also includes giving of licence for use of its copyrighted works to various organizations such as broadcasting organizations, television channels, FM radio stations etc.

6. The defendant No.1-Raiganj Cable TV