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2023 Supreme(Del) 5892

PRATHIBA M. SINGH
Saga Music Private Limited – Appellant
Versus
Satinder Pal Singh Sartaaj – Respondent


Advocates appeared:
Mr. Uttam Datt, Mr. Arjun Anand, Mr. Neel Mason & Ms. Sonakshi Singh Advocate alongwith Plaintiffs in person through AR.
Mr. Abhishek Malhotra & Ms. Subhalakshmi Sen, Advocates, for D-1.
Mr. Harsh Kaushik, Ms. Anushree Rauta, Mr. Shwetank Tripathi, Mr. Kunal Gupta, Ms. Narayani Choudhary, Ms. Ruddhi Bhalekar and Mr. Harsh Prakash, Advocates, for Defendant No.2.
Mr. Dayan Krishnan, Senior Advocate with Mr. Pravin Anand, Mr. Ameet Naik, Mr. Dhruv Anand, Ms. Madhu Gadodia, Ms. Udita Patro, Ms. Megha Chandra, Ms. Sampurnaa Sanyal, Mr. Sujoy Mukherjee & Ms. Nimrat Singh, Advocates, D-3&4.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

I.A. 18460/2023 (u/O XXXIX Rule 1 and 2) & CS(COMM) 658/2023

2. Summons and Notice on behalf of Defendant No. 1 is accepted by Mr. Mr. Abhishek Malhotra and on behalf of Defendant No. 2 is accepted by Mr. Harsh Kaushik.

3. The present suit highlights the precarious position in which artists, film producers, companies who manage rights in music, and others are placed due to the execution of multiple agreements in respect of the same work.

4. The song `JALSA', a song which was authored by Defendant No.1 - Mr. Satinder Pal Singh Sartaaj, is the subject matter of this suit. The said song was first sung by him some time in 2014 and he entered into an Exclusive Album Assignment Agreement (hereinafter, `2014 Agreement') with M/s Sony Music Entertainment India Pvt. Ltd. (hereinafter `Sony Music') on 22nd April, 2014. As per the said 2014 Agreement, rights assigned in the song `JALSA' included the literary works, musical works, sound recordings, performances and performer's rights (hereinafter `Rights'). The term of the 2014 Agreement was for `Perpetuity' and the territory was the `Universe' (meaning of the t

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