PHONOGRAPHIC PERFORMANCE LTD Vs. AMITABH DEVENDRA & ANR

JUDGEMENT

(1.) C.M.No.317/2016

(2.) The application stands disposed of.

(3.) Learned senior counsel for appellant assails the impugned order on the ground that appellant is well within its right to issue licences by virtue of assignment of the copyright and because appellant has exclusive licence for the repertoire of sound recordings and respondent has no locus to challenge appellant s right to issue licences and if any licencee wishes to see the documents pertaining to the assignment or the authority of the appellant, then it can be certainly made available to such licencee, but respondentassociation cannot issue the impugned communications i.e. Annexure A-9 and Annexure A-10. Learned senior counsel for appellant further submits the respondents communication of 23rd December, 2015 (Annexure-D) appended to CM APPLN.32831/2015 (for vacation of stay) is also questionable as respondent-association has no legal right to assert that appellant is violating Section 33 (1) of the Copyright Act, 1957. It is pointed out by learned senior counsel for appellant that in view of Section 55 of the Copyright Act, 1957, there is a presumption of ownership of appellant s repertoire of sound recordings.