The Indian Performing Right ... vs Mr. Gautam Radia And Anr.
2002 Latest Caselaw 994 Del

ORDER

Dalveer Bhandari, J.

I.A.No .5646/2002 .

 1. Exemption    as    prayed  for   is  allowed subject     to


all Just exceptions.  
 

 Suit No. 1077/2002,  
 

 2. The plaint be registered as a suit and summons'
be issued to the defendants by ordinary process as well
as by registered A.D.  returnable on 18th July, 2002.  
 

 I.A No. 5645/2002.  

 

 3. This  is  an application under Order 39 Rules  1

and 2  CPC.     It  is   incorporated  in   the  application   that
the plaintiff  society  was  established  on  23rd     August,
1969 to     monitor,   protect     and     enforce     the    rights,
interest     and     privileges  of  its  members  comprising     of

Authors, Composers and Publishers of Musical Work-5 as well as on behalf of the members of other sister societies who are owners of copyright in their musical works. The plaintiff is a registered copyright society under Section 33(3) of the Copy Right Act 1957.

4. It is incorporated that the plaintiff society Is affiliated to 194 World Societies of Authors and Composers, which are Included within its Federation CISAC .

5. It is also incorporated in the application that the plaintiff society is therefore, exclusively authorised to license the Public Performing Rights that exist in respect of the musical works created by its members and that of the members of Its affiliated societies.

6. The plaintiff society Is to collect royalties from users of music arid thereafter disburse the same to the owners of the Copyright in the Music, whose Interest It represents.

7. The defendant have recently commenced operating a FM radio station in Mumbai by the name of Win 94.6.

The said radio station appears to have commenced operations on 2nd May 2002. The defendants also propose to commence broadcasting on FM Radio Stations .

On 18th February 2002 the plaintiff society

granted to the defendants a non exclusive license to perform publicly or cause or allow to be broadcast by FM Radio In the public all or any works included in the

repertoire of the plaintiff society. According to the

terms of the first quarter, the defendants were to pay the first Installment of the license fees component of Rs. 2,05,312.50/-. . When the plaintiff did not receive this amount for a considerable period then on 31st May

2002, he had sent a letter to the defendants reminding about their obligations under the agreement. The defendants vide letter dated 3rd June, 2002 rescinded its contractual obligations in view of its contention that a PPL license, payment of license fees to 1IPRS was not required or warranted under the Copyright Act 1957.

8. Mr. Anand, the learned counsel appearing for the plaintiff submits that the defendant has been broadcasting musical and doing musical work in an unauthorised manner in contravention of the Copy Right Act 1957. In view of aforesaid facts and circumstances, it has become imperative to protect the interest of the plaintiff On consideration of the totality of the facts and circumstances of this case,. In my considered opinion the plaintiff has made out a strong prima facie case for grant of an ad interim ex parte injunction, I accordingly restrain the defendants, their directors, officers servants agents and representatives, group companies, subsidiaries and all others acting for or on their behalf from airing on FM Radio or steaming on the internet or communicating to the public and publicly performing Musical and/or literary works as per paragraph 4 and 6 of the application without obtaining a license from the plaintiff society and without paying the requisite royalties.

9. Compliance of Order 39 Rule 3 be made within one week dusty.