IN THE HIGH COURT OF DELHI AT NEW DELHI
THE INDIAN PERFORMING RIGHT SOCIETY
LIMITED ..... Plaintiff
Through: Mr. Pravin Anand and Ms. Tanvi Mishra, Advs.
BLACK AND WHITE MEDIA INDIA and
OTHERS ..... Defendants
HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R
I.A. No. 8273/2014 (u/Sec. 151 CPC)
Original documents as well as clearer copies be filed within four
Application is disposed of.
Plaint be registered as a Suit. Summons in suit be issued to the
defendants through ordinary process, registered A.D. post and courier
service, returnable before Joint Registrar for 16th September, 2014.
Process fee etc. be filed within a week.
I.A. No. 8272/2014 (u/O 39 R 1 and 2 CPC)
Notice for the date fixed.
Learned counsel for the plaintiff has relied on the orders dated
19th December, 2013 passed in CS (OS) 2606/2013 and 23rd December, 2013
passed in CS (OS) 2668/2013 in the similar facts which have been perused.
It is contended that plaintiff-society monitors, protects and
enforces rights, interests and privileges of its members and has
Copyright in respect of public performing rights over the lyrics and
musical compositions of its members, thus, no organizer or premises owner
can allow public performance in respect of such lyrics and musical
compositions in public shows, without obtaining prior license from the
plaintiff and in case any person organizes shows and uses such lyrics
and/or musical compositions the same tantamount to infringement of
Copyright of the plaintiff within the meaning of Section 33 read with
Section 13 and 14 of the Copy Right Act, 1957. It is further alleged
that ?John Christopher Yanni? a well known musical composer and lyrist of
United States of America has performed in an event organized by defendant
no.1 in the premises of defendant no. 2 and used the lyrics and
compositions of plaintiff, details whereof have been given in para (12-e)
of the plaint. It is prayed that defendant nos. 1 to 3 be restrained
from organizing any such event in future by using such lyrics and/or
musical compositions without obtaining requisite license from the
I have perused the plaint as well as documents annexed therewith and
also the orders, reliance whereupon has been placed by the planitif and
am of the view that plaintiff has succeeded in disclosing a, prima facie,
case in its favour, inasmuch as, balance of convenience is also in favour
of the plaintiff. Accordingly, defendants are restrained from organizing
and/or providing premises for performing or permitting performances or
communicating the plaintiff?s repertoire comprising of authors, composers
and publishers of literary and/or musical works or its sister societies
without obtaining the requisite license from the plaintiff.
Compliance of Order 39 Rule 3 CPC be made within a week.
A.K. PATHAK, J.
MAY 05, 2014