PHONOGRAPHIC PERFORMANCE LTD. Vs. HT MEDIA LTD.

JUDGEMENT

(1.) I.A. 11095/2015. This is an application filed on behalf of the plaintiff under Order 6, Rule 17 of the Code of Civil Procedure, 1908 seeking amendment of the plaint. The plaintiff claims that it has stepped into the shoes of the owners of various sound recordings and is an assignee/exclusive licensee of the sound recordings in question. It is further averred that the plaintiff company has been granted the exclusive right to enforce the copyright in the said sound recordings, including but not limited to granting licenses for the broadcast and public performance of such sound recordings, collecting royalties and initiating proceedings relating to infringement of the copyright. The plaintiff also seeks to implead Sony Music Entertainment India Pvt. Ltd. (hereafter 'Sony') as defendant no.2 as it claims to be exclusive licensee of Sony to administer the copyrights vested with Sony.

(2.) The applicant (plaintiff) had filed the aforementioned suit as a Copyright Society registered under Section 33(3) of the Copyright Act, 1957 (hereafter 'the Act'). The plaintiff had claimed that by virtue of its registration under Section 33 of the Act, it was entitled to obtain exclusive authorisation to administer copyright in sound recordings owned by its members; to issue licenses of sound recordings for exploitation by the third parties; and also to collect licence fee from the third party users.

(3.) The plaintiff claims that it is necessary to amend the plaint on account of subsequent events, which are indicated hereunder.