The Delhi High Court has restrained restaurant and cafe chains Tim Hortons, Gola Sizzlers and Sandoz from playing songs which are part of Phonographic Performance Limited India (PPL) copyright repertoire.
PPL is an Indian collective rights management organisation, which licenses sound recordings of its members for public performance and broadcast. PPL's website claims it owns or controls the public performance rights to more than 400 music labels, with over 5 million international and domestic sound recordings.
PPL sued the eateries for copyright infringement, alleging they were playing songs from its repertoire without obtaining a licence.
PPL sent notices to these restaurants, asking them to obtain licences but they didn’t and continued playing the songs.
Lawyers for Tim Hortons argued that there was no cause for action in the case. The company was neither playing nor intended to play any of the PPL recordings, they said.
The court in its order on October 20 said, "The balance of convenience is clearly in favour of PPL. At the same time, forbearance from granting such relief would enable the defendants (restaurants) to continue exploiting the PPL’s copyright, which would result in irreparable prejudice to them."
The high court, while restraining them from playing PPL’s music, asked the restaurants to file a response. The case will now be heard on February 7, 2024.
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