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IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 871/2014 THE INDIAN PERFORMING RIGHT SOCIETY LTD ..... Plaintiff Through: Mr. Pravin Anand, Ms. Tanvi Misra and Mr. Raunaq Kamath, Advocates. versus GOODWIN JEWELLERS and ORS ..... Defendants CORAM: HON'BLE MR. JUSTICE V.K. SHALI O R D E R 26.03.2014 I.A. No.5617/2014 (for exemption) Allowed, subject to the deficiency being rectified. The application stands disposed of. C.S. (OS) No.871/2014 1. Fresh plaint presented. It be checked and registered as a suit. 2. Issue summons in the suit to the defendants through ordinary post, registered A.D. Cover, courier and e-mail, returnable before Joint Registrar on 5th May, 2014. Dasti as well. I.A. No.5616/2014 (u/O 39 R 1 and 2 CPC) 1. Issue notice to the defendants, returnable before the Joint Registrar for the date fixed, i.e., 5.5.2014. 2. This is an application filed by the plaintiff under Order 39 Rule 1 and 2 read with Section 151 CPC for an ex parte ad interim injunction restraining defendant No.1, its agents, representative and all others acting for an on its behalf from performing in public or communicating to the public the plaintiff?s repertoire of works and restraining defendant Nos.2 and 3, their officers, servants, agents and representatives and all others acting for an on their behalf from permitting their premises to be used for communication to the public or public performance of the plaintiff?s repertoire of works comprising of musical and/or literary works of all its members and works of the plaintiff?s sister societies which it is authorized to administer in India. 3. The plaintiff has the right to collect licence fees with respect to public performance of musical and literary works of its members and works belonging to its sister societies that it is authorized to administer in India. It is stated that in spite of having put the defendants to notice of the plaintiff?s rights and their duty to obtain necessary ?no objection certificate/licence? from the plaintiff in the event they intend to communicate to the public or publicly perform musical and/or literary works belonging to the plaintiff?s repertoire within their premises or event organized by them, the defendant No.1 in violation of the said rights had organized events titled ?Goodwin Mega Event? and ?Mega Event? within the premises of defendant Nos.2 and 3 on 26.1.2014 and 23.2.2014 respectively wherein musical and/or literary works belonging to the plaintiff?s repertoire were played and performed without obtaining the requisite licence. It is further stated that the plaintiff has real and reasonable apprehension that its rights would continue to be infringed due to regular commercial activity of defendant No.1 in organizing musical events and live concerts to promote its business and expand its sales and similarly by defendant Nos.2 and 3 by permitting their premises to be used for profit for communication to the public/public performance of musical and/or literary works to be held within their premises. It is further stated that the injunction will neither restrict or cause inconvenience nor affect any lawful business of the defendants while it will safeguard the legitimate interest of the plaintiff company. It is contended that non-payment of the license fee by the defendants for the events being held by them would result in huge monetary loss to the plaintiff?s members and would have a cascading effect and would set a bad example for other licensees of the plaintiff. It is further contended that the actions of the defendants are causing harm and injury to the whole creative community, whose interests the plaintiff represents and the entire business model of plaintiff society which partly depends upon the license income from the use of its repertoire of copyright works. 4. I have considered the submissions. I am of the view that the plaintiff has been able to make out a prima facie case. The balance of convenience is also in favour of the plaintiff and the plaintiff will also suffer an irreparable loss in case the stay is not granted. 5. Accordingly, defendant No.1, its agents, representative and all others acting for and on its behalf are restrained from performing in public or communicating to the public the plaintiff?s repertoire of works and restraining defendant Nos.2 and 3, their officers, servants, agents and representatives and all others acting for and on their behalf from permitting their premises to be used for communication to the public or public performance of the plaintiff?s repertoire of works comprising of musical and/or literary works of all its members and works of the plaintiff?s sister societies which it is authorized to administer in India without obtaining requisite public performance license from the plaintiff society which amounts to infringement of copyright. 6. Compliance of Order 39 Rule 3 CPC be complied within three days. 7. A copy of the order be given dasti to the learned counsel for the parties. V.K. SHALI, J. MARCH 26, 2014 ?AA?
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