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DELHI HIGH COURT
VIPIN SANGHI
Gramophone Company of India Ltd. – Appellant
Versus
Super Cassette Industries Ltd. – Respondent


JUDGEMENT

Vipin Sanghi, J. By this order, I propose to dispose off I.A No. 2382/2005 in C.S.(OS) No. 399/2005 and I.A. No. 7050/1999 in C.S.(OS) No. 1625/1999. Since the parties and the issues involved in the interim applications and the two suits are common, these are being disposed off by a common order.

FACTS IN BRIEF

2. The Plaintiff has filed C.S.(OS) No. 1625 of 1999 to, inter alia, seek a permanent injunction against the Defendant Company from issuing any sound recording which embodies the works (literary and musical works), in which the copyright is owned by the Plaintiff herein. The Plaintiff has also sought an injunction restraining the Defendant from launching sound recordings which are remixed versions of the sound recordings in which the Plaintiff owns copyright. For the sake of clarity the sound recordings of the defendant are referred to herein as "version recordings".

3. The case set up by the Plaintiff is that the Plaintiff is the owner of copyright in various sound recordings which comprise of lyrics and background music or the musical score. The Plaintiff also claims to be the owner of the copyright in the underlying musical score or composition and the lyrics

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