SUPER CASSETTES INDUSTRIES LTD Vs. ONKAR SINGH

JUDGEMENT

(1.) This is a suit for permanent injunction restraining infringement of copyright, breach of contract, inducement to breach, damages, rendition of accounts of profits and delivery up of all infringing materials with respect to copyright in the album "Sun Nakhre Waliye". It is pertinent to note at the very outset that the issues in the instant suit would be governed by the Copyright Act, 1957 (Act). This is in light of the fact that under the erstwhile Act, the author of a literary or musical work included in a sound recording could sell all copyrights including the right to receive royalties for a one-time or a lump sum consideration. The facts of the case are as follows:

(2.) The plaintiff submits that it is a Public Limited Company incorporated under the Companies Act, 1956 and is engaged in the business of manufacturing, production and marketing of video cassettes (blank and recorded), CDs, televisions, 2-in-1s, taperecorders etc. including its exclusive propriety, "T-Series" brand of Music Cassettes. And that defendant no. 1, Mr. Onkar Singh, is the Managing Director of the defendant no. 2 company, M/s. Kismet Entertainment Pvt. Ltd. Defendant no. 3 is a singer/artist by the name of Swaran Singh alias Romey Gill. Defendant no. 4, Balbir Singh and defendant no. 5, Amarjot S. Bhasin, are the partners of defendant no. 6, M/s. Ting Ling India.

(3.) The plaintiff submits that initially the defendants no. 2 and 3 entered into an Exclusive Recording Agreement (ERA) dated January 5, 2001 by virtue of which it was decided that defendant no. 2 will record the songs of defendant no. 3 and that all the rights to the said songs will vest with defendant no. 2. And additional agreement dated March 28, 2001 was entered into between the parties, in which defendant no. 3 confirmed that the ERA with defendant no. 2 was the only exclusive recording agreement executed by him as a singer.