Delhi HC Restrains Gola Sizzlers, Sandoz & Tim Hortons From Playing Phonographic Performance Limited’s Songs From Its Repertoire Without License

The plaintiff in the present case-Phonographic Performance Limited, owns and controls radio broadcasting and public performance rights for over 400 music labels, with over 45 Lakhs international and domestic sound recordings.

Accordingly, a bench comprising Justice C. Hari Shankar observed, “The facts stated in the plaint clearly justify grant of ex parte ad interim injunction, inasmuch as, if ex parte orders are not passed, the defendants would be at liberty to play the plaintiff’s copyrighted recordings without obtaining a license from the plaintiff. As the plaintiff is merely seeking an injunction against the defendants from playing recordings in which the plaintiff has copyright and which form part of its repertoire, and the present ad interim order would only extend to such recordings, no prejudice would ensue to the defendants, were ex parte interim orders to be passed to the said effect. The balance of convenience is clearly in favour of the plaintiff. At the same time, forbearance from granting such relief would enable the defendants to continue exploiting the plaintiff’s copyright, which would result in irreparable prejudice to the plaintiff”.

In the present matter it was the plaintiff’s grievance that the defendants are playing the its sound recordings, in which the plaintiff holds copyright and which forms part of its repertoire, as reflected on its website https://www.pplindia.org/songs, without obtaining any license. Further the plaintiff averred that the licenses for playing the recordings of the said songs are issued in terms of Section 30 of the Copyright Act at fixed tariffs which was also provided in the plaint.

However, despite sending several notices the respondents did not respond. Based on these allegations, a decree of permanent injunction was sought restraining the defendants from playing recordings forming part of the plaintiff’s repertoire as contained on its website https://www.pplindia.org/songs, without obtaining any license from the plaintiff.

The counsel appearing for Tim Hortons N.B. Joshi raised various preliminary objections, regarding territorial jurisdiction, the existence of any cause of action as well as the necessity of impleading other defendants, however, also submitted, that it is neither playing nor intends to play any of the recordings forming part of the repertoire of the plaintiff.

Noting the submissions, the bench observed, “IA 21058/2023 is disposed of, binding the defendants in CS (COMM) 765/2023 by the statement made at the bar today to the effect that the defendants are not playing, nor would play, any of the recordings forming part of the plaintiff’s repertoire, without a license from the plaintiff, pending disposal of the present suit”.

The bench also noted that the other defendants did not appear despite advance service and that the facts stated in the plaint make out a prima facie case of copyright infringement.

Cause Title: Phonographic Performance Limited v. Gola Sizzlers Private Limited & Ors

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