SUPER CASSETTES INDUSTRIES LTD Vs. UTTAM KHAN

JUDGEMENT

(1.) By this order I shall dispose of CS (OS) No. 2378/2007 filed by the plaintiff under Order 39 Rules 1 and 2 read with Section 151 of the Civil Procedure Code, 1908 for permanent injunction restraining the defendant from infringing the plaintiff's copyright and for damages.

(2.) The brief facts of the case are that the plaintiff has been engaged in the business of manufacturing and marketing audio cassettes, video cassettes, compact disks, televisions, CD Players, fans, mineral water and various other products. The plaintiff is the proprietor of T-Series, which is a household name as regards the music industry in India. As per the plaintiff, T-Series is solely responsible for the upward rise of various creative artists, be it in the field of music or television or films. The plaintiff has listed the names of many artists from all these industries, submitting that it has made significant contribution to the cultural wealth of the country.

(3.) The plaintiff submits that it has Sample Assignment deeds which are signed by the artists which it relies upon to exploit its copyrights. It is admittedly only be exploiting these copyrights that the plaintiff is able to pursue and sustain its creative output and continuous offering of opportunities. The plaintiff has a copyright licensing program under its 'T -Series Public Performance License Scheme (TPPL Scheme)' wherein it routinely grants licenses to restaurants, nightclubs, hotels, airlines, radio stations, cable TV operators etc for the use of works in which it has copyright.