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2018 Supreme(Mad) 4596
IN THE HIGH COURT OF MADRAS
M. SUNDAR, J.
Novex Communications Private Limited – Appellant
Versus
VVT Hotels Private limited and Ors. – Respondents
Civil Suit No. 991 of 2017
Decided On : 28-03-2018
Advocate Appeared:
For the Appellant : P.V. Balasubramanian of BFS Legal Law Firm
For the Respondents: Najeeb Usman Khan
Headnote:
COPYRIGHT - SUIT FOR INFRINGEMENT - SUMMARY JUDGMENT - GROUNDS - NO REAL PROSPECT OF SUCCESSFULLY DEFENDING THE CLAIM - STAND TAKEN BY THE DEFENDANTS - NO INTENTION TO PLAY THE SUIT SONGS - WILLINGNESS TO OBTAIN LICENSE IF REQUIRED - SUIT DECREED IN FAVOR OF THE PLAINTIFF - NO COSTS.
Fact of the Case:
Plaintiff, a company dealing in the business of issuing licenses and protection of copyrights subsisting in sound recordings of songs contained in films, filed a suit against the defendants for infringement of copyright in respect of certain songs. The defendants, who run a hotel, submitted an affidavit stating that they had not played the suit songs and had no intention to do so in the future. They also stated that if they wished to play the songs at any point of time, they would obtain a license from the plaintiff.
Finding of the Court:
The court held that in light of the defendants' stand, they had no real prospect of successfully defending the claim. The court also noted that the defendants had taken a fair stand and were willing to obtain a license if required. Therefore, the court passed a summary judgment in favor of the plaintiff, granting a permanent injunction restraining the defendants from infringing the plaintiff's copyright.
Issues: Whether the defendants had infringed the plaintiff's copyright.
Ratio Decidendi: The court held that the defendants had no real prospect of successfully defending the claim because they had admitted that they had not played the suit songs and had no intention to do so in the future. The court also noted that the defendants were willing to obtain a license if required.
Final Decision: The suit was decreed in favor of the plaintiff. A permanent injunction was granted restraining the defendants from infringing the plaintiff's copyright. No costs were awarded.
JUDGMENT :
M. Sundar, J.
1. Mr. P.V. Balasubramanian of M/s. BFS Legal Law Firm is before this Commercial Division on behalf of the sole plaintiff. Mr. Najeeb Usman Khan, learned counsel on record for both the defendants is before this Commercial Division.
2. To be noted, first defendant, which is a private limited company, i.e., VVT Hotels Private Limited, I am informed, runs second defendant, which is a Hotel. The suit pertains to copyright, which the plaintiff company claims in sound recording, which are in the nature of songs in Cinematographic Film. The list of songs forming subject matter of the suit in which the plaintiff company claims copyright is adumbrated in the schedule to the plaint. I deem it appropriate to extract the said schedule, I do so and the same reads as follows:
| Panchlait | Pyaar Hai Panchlait |
|
| Gaa Bhaiya Gaa |
|
| Kaa Mahto - Haan Mahto |
|
| Saajan Saajan Panchlait |
| Firangi | Sahiba Russ Gayiya |
|
| Sajna Sohne Jiha |
|
| Tu Jit Jawna |
|
| Gulbadan |
|
| Sahiba |
|
| Oye Firangi |
| Shaadi Main Zaroor Aana | Jogi |
|
| Main Hoon Saath Tere |
|
| Pallo Latke |
|
| Tu Banja Gali Benaras Ki |
|
| Mera Intkam Dekhegi |
|
| Jogi Feat. Aakanksha Sharma |
|
| Jogi Feat. Shafqat Amanat Ali |
|
| Main Hoon Saath Tere Feat. Shivangi Bhayana |
|
| Tu Banja Gali Benaras Ki Feat. Shafqat Amanat Ali |
|
| Tu Banja Gali Benaras Ki Feat. Asees Kaur |
|
| Mera Intkam Dekhegi Feat. Anand Raj Anand |
| Qarib Qarib Singlle | Khatam Kahani |
|
| Tu Chale Toh |
|
| Tanha Begum |
|
| Qarib Qarib Singlle Mashup |
|
| Jaane De |
| Jia Aur Jia | Nach Basanti |
|
| Na Shukre |
|
| Na Jaa |
|
| Jia Aur Jia Theme |
| Tu Hai Mera Sunday | Thodi Si Jagah |
|
| Dhundlo Tum |
|
| Yeh Mera Man |
|
| Tu Hai Mera Sunday |
|
| Yeh Jo Pyaar Hai |
| The Final Exit | Dum Maro Dum Maro |
| Rabbi | Dhola Banjara |
|
| Lathe Di Chaadar |
|
| Ama Teri To |
| Secret Superstar | Meri Pyaari Ammi |
|
| Main Kaun Hoon |
|
| Sexy Baliye |
|
| Nachdi Phira |
|
| I Will Miss You |
|
| Sapne Re |
| Hadh | Hadh (Male Version) |
|
| Hadh (Female Version) |
|
| Parwardigara |
|
| Ek Baar |
| Patel Ki Punjabi Shaadi | Punjabi-Gujarati Sagai Song |
|
| Whats Up O Mata Rani |
|
| Meri Mehandi |
|
| Sitti Maar |
|
| Ankhha Churave |
|
| Maro Line |
| Bareilly Ki Barfi | SweetyTeraDrama |
|
| Nazm Nazm |
|
| Twist Kamariya |
|
| Bairaagi |
|
| Badass Babuaa |
| Baraat Company | Title Song |
|
| Belagaam |
|
| Tum Jaan Lo |
|
| Maula |
|
| Maula |
| Super Singh | Glorious Gallan |
|
| Ho Gya Talli |
|
| Kalliyan Kulliyan |
|
| Hawa Vich |
| Dobara
| Kaari Kaari
|
|
| Humdard |
|
| Ab Raat |
|
| Malang |
|
| Ab Raat |
|
| Humdard |
|
| Kaari Kaari (Reprise) |
| Dear Maya | Saat Rangon Se |
|
| Kehne Ko |
|
| Sune Saaye |
|
| Saat Rangon Se - Acoustic Version |
|
| Buri Buri |
|
| Dear Maya (2017) |
|
| Promo Songs |
| Behen Hogi Teri | Jaanu |
|
| Tera Hoke Rahoon |
|
| Jaanu |
|
| Teri Yaadon Mein |
|
| Tenu Na Bol Pawaan |
|
| Tenu Na Bol Pawaan Reprise |
|
| Jai Maa |
| Bahubali 2 | Jiyo Re Bahubali |
|
| Veeron Ke Veer Aa |
|
| Soja Zara |
|
| Jay-Jaykara |
|
| Shivam |
| Half Girlfriend | Baarish |
|
| Phir Bhi Tumko Chahunga |
|
| Thodi Der |
|
| Mere Dil Mein |
|
| Tu Hi Hai |
|
| Pal Bhar (Chaahunga Reprise) |
|
| Lost Without You |
|
| Stay a Little Longer |
|
| Half Girlfriend (Love Theme) |
|
| Mere Dil Mein |
| Mirza Juliet | Tukda Tukda |
|
| Mohabbat ko misuse |
|
| Seene Mein Lagi Aag |
|
| Teri Razamandi |
|
| Mohabbat ko misuse(Remix) |
| Trapped | Hai Tu |
|
| Dheemi |
|
| Trapped Theme One |
|
| I Am Trapped |
| Poorna | Kuch Parbat Hilaayein |
|
| Poori Qaaynaat |
|
| Baabul Mora |
|
| Kuch Parbat Hilaayein |
| Jeena Isi Ka | |
