B SUBHASH Vs. NADIADWALLA GRANDSON ENTERTAINMENT LTD

JUDGEMENT

(1.) THIS suit is filed by the plaintiffs against the defendants for a declaration that he is owner of the rights including copyright in the sound recording of the song "I am a Disco Dancer" in the film "Disco Dancer" released in 1982 and defendants be restrained by a permanent order and injunction from in any manner reproducing the sound recording in any material form or issuing copies of sound recording to public or performing the sound recording or communicating the sound recording to the public or making or releasing any cinematographic film or sound recording of or containing the sound recording or otherwise in any manner infringing the copyright owned by the plaintiff in the sound recording of the above song. It is in such a suit that interim injunction restraining the defendants in the above terms has been claimed.

(2.) THE plaint proceeds on the basis that the plaintiff is sole proprietor of M/s.B.Subhash Movie Unit and is renowned film producer in the film industry. That the plaintiff has produced under his banner several films including "Disco Dancer" which were successful at the box office. It is claimed that plaintiff is owner of all rights including the copyright in the musical work, cinematograph film and sound recording used in the film "Disco Dancer" released in the year 1982. In para 2 of the plaint, it is claimed by the plaintiff that he has exclusive right of reproducing the musical work, cinematographic film, sound recording in any material form and issuing copies of the work to the public and do all other things which an owner of copyright can do. It is also contended that in or around 1981 he proposed to produce a Hindi cinematograph film titled "Disco Dancer" and, therefore, engaged several persons to assist him in doing so. The music of the film was composed by a renowned music director Bappi Lahiri. The playback singers and musicians for recording the songs of the said film were also engaged by the plaintiff. The subject song was recorded for the said film and plaintiff claims to have acquired all rights in the same as producer of the film. Further, he states that there is a certificate issued by Registrar of Copyrights, which would evidence his rights.

(3.) IT is stated that recently the plaintiff discovered that the defendant No.1 has produced a cinematograph film in Hindi language tiled "Anjaana Anjaani" and second defendant is the distributor of the said film. From the report in print and television media, the plaintiff learnt that the 1st defendant's film consists of the musical work and sound recording of the song "I am a Disco Dancer" from the plaintiff's film "Disco Dancer". Plaintiff alleges that this act of the defendants is without obtaining any licence or authority from him and thus violating his copyright and for such an act he issued a legal notice on 18th September 2010, calling upon the defendants to inter alia refrain from exploiting sound recording of the song in any manner whatsoever including incorporating/ exploiting the same in the 1st defendant's film.