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2017 Supreme(Del) 3480

S.P.GARG
Saregama India Limited – Appellant
Versus
Eros Digital FZ LLC – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff : Mr. C.M. Lall, Mr. Ankur Sangal, Ms. Sucheta Roy, Ms. Pragya Mishra
For the Defendants : Mr. Dayan Krishnan, Ms. Anshu Bhanot, Mr. Sanjeev

JUDGMENT :

S.P. GARG, J.

IA No.10917/2017 (u/O 39 R-1&2 CPC)

1. The instant application for seeking ad-interim injunction till the disposal of the suit has been preferred by the plaintiff; it is contested by the defendants.

2. The plaintiff has instituted a suit for permanent injunction for restraining the infringement of its copyright; rendition of accounts and damages against the defendants. It is averred that the plaintiff is the owner of copyright in a wide variety of sound recordings published in India. The plaintiff has acquired rights in numerous songs, including regional and Hindi film as well as non-film sound track music from the respective producers thereof. The plaintiff is also the owner of copyright in the musical works (musical compositions) as well as the literary works (lyrics) embodied in the said sound recordings which were assigned to it by the producers of the respective sound recordings. The plaintiff is also the producer of number of sound recordings and by virtue of the same, is also the owner of copyright of the underlying musical and literary works of the same. The plaintiff holds the exclusive right to ‘grant a license’ or ‘authorize the doing’ of any of the






















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