Satyam Audios vs Jimmy Alias
2022 Latest Caselaw 3950 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE P.SOMARAJAN
        TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                          FAO NO. 41 OF 2022
AGAINST THE ORDER DATED 18/10/2021 IN IA 1/2020 IN OS 36/2020 OF I
                 ADDITIONAL DISTRICT COURT, ERNAKULAM
APPELLANT/PETITIONER IN I.A.8/2020/1ST RESPONDENT IN
I.A.NO.1/2020/1ST DEFENDANT IN SUIT:

             SATYAM AUDIOS,
             XL/1260, DROWPATHY, T.D. ROAD, KOCHI 682 011,
             REPRESENTED BY PROPRIETOR A.G PREMACHANDRAN.
             BY ADVS.
             K.M.GEORGE
             CHITHRA P.GEORGE


RESPONDENTS/RESPONDENTS/PETITIONER/PLAINTIFF IN SUIT/DEFENDANT
NO.2:

    1        JIMMY ALIAS, AGED 61 YEARS,
             S/O. ELIAS, PATTASERIL HOUSE, BOYS HIGH SCHOOL,
             TRIPUNITHURA, NADAMEL VILLAGE, KANAYANNOOR TALUK,
             ERNAKULAM 682 301.
    2        GOOGLE LLC,
             1600 AMPHITHEATRE PARKWAY, MOUNTAIN VIEW,94043, USA
             HAVING BRANCH OFFICE AT GOOGLE INDIA LIMITED PVT. LTD.,
             4TH FLOOR, NO.3 RMZ INFINITY TOWER-E, SWAMI VIVEKANANDA
             ROAD, SADASHIVANAGAR, BENNIGANA HALLI, BENGALURU,
             KARNATAKA-560 016
        THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR HEARING ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 FAO NO. 41 OF 2022                   2

                              JUDGMENT

The question that came up for consideration is

whether the audio right obtained pertaining to any

movie or musical record can be telecasted or uploaded

through any audio visual media with a single title

picture. It is pertaining to an interim injunction

granted, the first defendant came up, who had

obtained audio right of 150 movies and 46 musical

records as early as on 21/02/2008. The plaintiff,

who is a subsequent assignee of the entire right over

18 movies, maintained a suit and interim injunction

against the first defendant not to use any picture

and not to telecast the audio except under MP3

format. There is no much dispute with respect to the

audio right vested with the first defendant. As

such, it is permissible for him to use a single

picture showing the title of audio without causing

any invasion upon the right of the plaintiff, i.e.

without showing any moving portion of the movie.

Further, the right to upload audio cannot be

restricted to any particular format such as MP3. It

is permissible to use any format for the audio or its

upload, but it shall not invade the right of

plaintiff in protecting the movie or any part

thereof. In other words, the audio can be uploaded

in any format including MP3 format, provided that it

shall not use the movie as such or any part of movie

or any visual part thereof, except a single title

picture. Hence, the interim injunction granted will

stand modified to that extent permitting the first

defendant to use any single title picture showing the

title of audio without making or exhibiting any

portion of moving part of the movie in its original

position.

The appeal will stand allowed in part

accordingly.

Sd/-

P.SOMARAJAN JUDGE msp