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IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 1274/2014 THE INDIAN PERFORMING RIGHT SOCIETY LIMITED ..... Plaintiff Through: Mr. Pravin Anand and Ms. Tanvi Mishra, Advs. versus BLACK AND WHITE MEDIA INDIA and OTHERS ..... Defendants Through: None. CORAM: HON'BLE MR. JUSTICE A.K. PATHAK O R D E R 05.05.2014 I.A. No. 8273/2014 (u/Sec. 151 CPC) Original documents as well as clearer copies be filed within four weeks. Application is disposed of. CS(OS) 1274/2014 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 plaintiff. 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 ga $ 28
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