2016 (8) TMI 614 - HC - Indian Laws

Infringement of Copyright - Decree of permanent injunction - Held that - The Court is satisfied that the Plaintiff has been able to prove the infringement by the Defendant of the R3 of the members of the Plaintiff Society in the performances as recorded in the CDs prepared by the Plaintiff s Investigator. The playing of songs by the Defendant in its restaurant without payment of royalty to the Plaintiff is a violation of the R3 of the performers who are members of the Plaintiff. The exploitation of the performances of the members of the Plaintiff by the Defendant by playing the said performances in its bar and restaurant without obtaining the Performer s Rights Clearance Certificate thus constitutes an infringement of the R3 of the members of the Plaintiff Society. In that view of the matter, the suit is decreed and a decree of permanent injunction is issued restraining the Defendant, its officers, servants, agents and representatives and all others acting for and on its behalf from communicating to the public the Plaintiffs repertoire comprising of Performer s performances of all its members and that of the members of its sister societies which it is authorized to administer in India, without paying royalties to and obtaining a clearance from the Plaintiff Society or doing any other act infringing the Plaintiffs Performer s rights through any medium including but not limited to radio stations, TV and usage by mobile companies and violating the Right to Receive Royalties (the R3) and their Performer s Rights. A decree is issued requiring the Defendant to render to the Plaintiff the accounts of all the monies earned by it from the performance of the repertoire comprising the performances of the Performers who are members of the Plaintiff. In the absence of any substantive evidence in that regard in the present proceedings, the prayer of the Plaintiff requiring the Defendant to pay damages is declined. However, the right of the Plaintiff to institute separate proceedings in future in that regard against the Defendant, after rendition of accounts by the Defendant in terms of para 18 above, in accordance with law is reserved. The suit is decreed in the above terms with costs of ₹ 20,000 which will be paid by the Defendant to the Plaintiff within four weeks.

Summary

Issues:
1. Suit for permanent injunction against unauthorized public communication of performers' repertoire.
2. Violation of Performer's Rights and Right to Receive Royalties.
3. Proof of infringement by the Defendant.
4. Decree for permanent injunction, accounts rendering, and costs.

Issue 1: Suit for Permanent Injunction
The Indian Singers’ Rights Association filed a suit against a Bar and Restaurant for unauthorized communication of performers' repertoire without paying royalties. The suit sought a permanent injunction to restrain the Defendant from infringing on the Performer's Rights.

Issue 2: Violation of Performer's Rights and Right to Receive Royalties
The Plaintiff, a registered company under the Companies Act, 1956, claimed exclusive rights under Section 38A of the Copyright Act, 1957, including the right to royalties for commercial use. The Plaintiff's members, renowned singers, had authorized the Plaintiff to administer their Performer's Rights. The Defendant's unauthorized use of the repertoire without obtaining clearance or paying royalties constituted an infringement of the Performer's Rights and Right to Receive Royalties.

Issue 3: Proof of Infringement
The Plaintiff presented evidence through an investigator showing the Defendant's unauthorized playing of songs from the Plaintiff's repertoire. The Court accepted the evidence, confirming the violation of the Performer's Rights of the Plaintiff's members by the Defendant. The Defendant's actions were deemed as exploitation of performances without proper authorization, constituting infringement of the Performer's Rights.

Issue 4: Decree for Permanent Injunction, Accounts Rendering, and Costs
The Court decreed a permanent injunction against the Defendant, restraining them from communicating the Plaintiff's repertoire without authorization. Additionally, the Defendant was required to provide an account of earnings from the performances. While the Plaintiff's request for damages was declined due to lack of evidence, the right to pursue separate proceedings for damages in the future was reserved. The Defendant was ordered to pay costs of ?20,000 to the Plaintiff within four weeks.

This judgment highlights the importance of protecting Performer's Rights and enforcing royalties for commercial use of performances. The Court's decision to grant a permanent injunction and mandate accounts rendering underscores the significance of upholding intellectual property rights in the entertainment industry.