Copyright Infringement: Delhi High Court Restrains Sandoz, Gola Sizzlers From Playing Sound Recordings Of Phonographic Performance Ltd

The Delhi High Court has temporarily restrained Sandoz and Gola Sizzlers from playing the sound recordings of Phonographic Performance Limited in the latter’s suit alleging copyright infringement by the two food outlets.

Justice C Hari Shankar observed that a case for grant of ex-parte ad-interim injunction is made out against the two food outlets.

The court also bound another food outlet Tim Hortons by the statement made by its counsel that it is not playing, nor would play, any of the sound recordings forming part of Phonographic Performance Limited’s repertoire, without a license.

Phonographic Performance Limited, a performance rights organization, had filed copyright infringement suits against the three food outlets claiming that they were playing its sound recordings without obtaining any license.

It was the organization’s case that it owns and controls radio broadcasting and public performance rights for over 400 music labels, with over 45 Lakhs international and domestic sound recordings.

The court issued summons in all the three suits and listed them for hearing next on February 07.

The counsel appearing for Tim Hortons, on instructions, submitted that the food outlet is neither playing nor intends to play any of the sound recordings forming part of PPL’s repertoire. Accordingly, the court said:

“IA 21058/2023 is disposed of, binding the defendants in CS (COMM) 765/2023 by the statement made at the bar today to the effect that the defendants are not playing, nor would play, any of the recordings forming part of the plaintiff’s repertoire, without a license from the plaintiff, pending disposal of the present suit.”

While passing interim injunction order against Sandoz and Gola Sizzlers, the court observed that the facts stated in the plaint clearly justify grant of such a relief.

“As the plaintiff is merely seeking an injunction against the defendants from playing recordings in which the plaintiff has copyright and which form part of its repertoire, and the present ad interim order would only extend to such recordings, no prejudice would ensue to the defendants, were ex parte interim orders to be passed to the said effect,” the court said.

Counsel for Plaintiff: Senior Advocate Chander M Lall, Mr Ankur Sangal (Partner), Ms Sucheta Roy (Principal Associate), Mr Raghu Vinayak Sinha (Associate) and Mr Shaurya Pandey (Associate) from Khaitan & Co.

Counsel for Tim Hortons: Mr. N.B. Joshi, Mr. Vijay Kasana, Ms. Chetna Singh, Mr. Abhijeet Vikram Singh, Mr. Kshitij Chhabra, Mr. Chirag Verma, Mr. Shivang Srivastava, Advs.

Title: PHONOGRAPHIC PERFORMANCE LIMITED v. GOLA SIZZLERS PRIVATE LIMITED & ORS. and other connected matters

Citation: 2023 LiveLaw (Del) 1021

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