"Won't Use Songs Owned By Tips In 'Gaana' App"; Times Group Led ENIL Tells Bombay HC In Copyright Suit By Tips Industries [Read Order]

Justice GS Kulkarni heard an interim application in the suit filed by Tips Industries seeking relief of a permanent injunction against ENIL on the ground of alleged infringement of the plaintiff company's copyright over its repertoire of songs. It is the plaintiff's case that ENIL is illegally broadcasting the plaintiff's repertoire without any existing agreement in its favour, thereby infringing the plaintiff's copyright.

Senior Counsel Virag Tulzapurkar along with Advocate Hiren Kamod appeared on behalf of the plaintiff, Senior Counsel Dr.Virendra Tulzapurkar for ENIL and Advocate Rashmin Khandekar with Vanditta Hegde for Gaana.

The suit stated that in May 2020 the plaintiff became aware about the fact that the defendants were streaming songs owned by Tips Industries on its digital platform "Gaana" without permission and in breach of the plaintiff's copyright. Virag Tulzapurkar argued that such streaming by ENIL is causing significant financial loss to the plaintiff.

Thereafter, after taking instructions, Dr.Virendra Tulzapurkar made the following statement -

"Without prejudice to the rights and contentions of the plaintiff and defendant no.1, defendant no.1 states that pending the next hearing of the interim application, defendant no.1 is at present not providing and will not provide to defendant no.2 or to any other internet service the plaintiff's repertoire on digital or internet platforms. This is without prejudice to defendant no.1's rights and contentions to claim statutory licenses and compulsory licenses in respect of the aforesaid repertoire, in accordance with the provisions of the Copyrights Act,1957."

Court accepted the said statement and noted that the same would operate as an ad-interim arrangement between both the parties.

All contentions were kept open and the matter was adjourned for eight weeks.

One year ago, the High Court had granted relief to Tips Industries in another suit for copyright infringement filed against 'Wynk', another online music streaming platform. Tips alleged that even after the expiry of license granted to Wynk Music, it was storing the songs owned by Tips in its online music library from where users can listen or download them for a fee. This relief granted to Tips has been stayed by division bench.

(Rectification : The initial report had mentioned that ENIL's submissions covered the radio stations as well. That was a mistake, as the submission pertained only to internet streaming. The report has been accordingly amended)

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