IN THE HIGH COURT OF DELHI AT NEW DELHI
  
  
  
  CS(OS) 2349/2011
  
  
  
  LOREENA MCKINNITT and ORS ..... Plaintiffs
  
  Through Mr. Saikrishna Rajagopal, Adv. with
  
  Ms. Sneha Jain, Adv.
  
  
  
  
versus
  
  
  
  
  
  DEEPAK DEV and ORS ..... Defendants
  
  Through None
  
  
  
  CORAM:
  
   HON'BLE MR. JUSTICE MANMOHAN SINGH
  
  
  
   O R D E R
  
   21.09.2011
  
  
  
  I.A. No.15198/2011 (for exemption)
  
  
  
  Exemption allowed, subject to all just exceptions.
  
  The application is disposed of.
  
  I.A. No.15199/2011 (for exemption)
  
  Exemption allowed, subject to all just exceptions.
  
  The application is disposed of.
  
  CS(OS) No.2349/2011
  
  Let the plaint be registered as a suit.
  
  Issue summons to the defendants, on filing of process fee and
  registered A.D. covers within ten days, returnable on 20.10.2011.
  
  I.A. No.15197/2011 (for stay)
  
  Issue notice to the defendants, returnable on 20.10.2011.
  
  The case of the plaintiffs is that plaintiff No.1 is the author of
  the musical composition and lyrics of her song entitled ?The Mummers?
  Dance?, first released as a single in the year 1997 and in her album ?The
  Book of Secrets? released in the same year. The song reached #3 in the
  Adult Top 40, #17 on the Hot Modern Rock Chart and #18 on the Billboard
  Hot 100 in United States. Plaintiff No.1 is also the author of the
  musical composition and lyrics for her song titled ?Caravanserai? first
  released in her album entitled ?An Ancient Muse? in 2006. It has also
  been featured in various subsequent albums and in plaintiff No.1?s live
  concert, released on DVD in 2007, entitled ?Nights from the Alhambra?.
  Plaintiff No.2 is the first owner of copyright in all the musical works
  authored by plaintiff No.1. It is further submitted that by virtue of
  Section 40 of the Copyright Act, 1957 read with the International
  Copyright Order, 1999, the musical compositions and lyrics authored by
  plaintiff No.1, being foreign works, are automatically accorded copyright
  protection within the territory of India without requiring any other
  legal formalities.
  
  The case of the plaintiffs against the defendants is that defendant
  No.1 has infringed the copyright of the plaintiffs in the songs
  ?Caravanserai? and ?The Mummers? Dance? (the Works herein) by, inter
  alia, reproducing, rearranging, adapting and incorporating/synchronizing
  the rearrangement/ adaptation of the said Works within the impugned film
  ?URUMI? and within the impugned song ?AARO NEE AARO?. Furthermore,
  defendant No.1 has infringed the author?s special rights/moral rights of
  plaintiff No.1 by not crediting her and falsely attributing authorship of
  the Works in question to himself. It is further submitted that
  defendant No.2 has infringed the copyright in the Works ?Caravanserai?
  and ?The Mummers? Dance? by reproducing the rearrangement/adaptation of
  the said Works with the background score and sound track of the impugned
  film ?URUMI?. The plaintiffs are given to believe that given the
  commercial success of the film, defendant No.2 proposes to release very
  shortly, multi-lingual versions of the said film in English, Hindi and
  Tamil which would in all likelihood contain the infringing composition
  comprising the plaintiffs? Works. The plaintiffs also submit that
  defendant No.3 is infringing the copyright of the plaintiffs by
  reproducing the plaintiffs? Works as a part of the sound recording of the
  film ?URUMI? which includes the impugned song ?AARO NEE AARO? and issuing
  copies of the same through CDs, ring tones, digital downloads etc.
  Defendant No.4 is infringing the copyright of the plaintiffs by
  reproducing and distributing copies of the Malayalam language version of
  the cinematographic film ?URUMI?, on, inter alia, DVDs containing the
  impugned song ?AARO NEE AARO?.
  
  The learned counsel for the plaintiffs has referred various pages
  from the print outs of the web-pages suggesting that defendant No.1 has
  copied the plaintiff No.1?s work where therein a discussion about the
  infringement has taken place at various places in relation to movie
  ?URUMI? containing the infringing song ?AARO NEE AARO?. The learned
  counsel has also referred page No.127 of the documents file, wherein the
  Producer of the said movie has given a statement in media that he was
  
  planning to bring out the Tamil, Telugu, Hindi and English versions of the movie ?URUMI? very soon. The learned counsel has argued that in case
  the said movie is brought up by the defendants in the other languages,
  i.e. Tamil, Telugu, Hindi and English which would contain the infringing
  song, the plaintiffs would suffer an irreparable loss and injury.
  
  After having considered the submissions made in the plaint as well
  as the documents placed on the file, I am of the view that the plaintiffs
  have been able to make out a strong prima facie case for passing of an ex
  parte ad-interim injunction. Hence, till the next date of hearing, the
  defendants are restrained from infringing the song ?AARO NEE AARO?,
  adapting, making any other cinematograph films, sound recordings, ring
  tones, ring back tones or infringing the copyrights of the Works of the
  plaintiffs in relation to the movie ?URUMI? if release in the proposed
  languages, i.e. Tamil, Telugu, Hindi and English. It is clarified that
  as far as the music already released in the Malayalam movie ?URUMI?, no
  ex parte order is being passed. The said request of the plaintiffs will
  be considered by this Court after filing the written statement by the
  defendants.
  
  Compliance of Order XXXIX, Rule 3 CPC be made within 10 days.
  
  Dasti.
  
  
  
  
  
  
  
   MANMOHAN SINGH, J.
  
  SEPTEMBER 21, 2011/ka
  
  $ 37