NOVEX COMMUNICATIONS PRIVATE LIMITED Vs. PERCEPT LIMITED

JUDGEMENT

(1.) Heard Mr. Sharan Jagtiani, learned Senior Counsel appearing for the Applicant/Plaintiff. The Plaintiff has filed the present Suit in the nature of a quia timet action, apprehending violation by the defendants of its exclusive rights in respect of sound recordings.

(2.) It is pleaded on behalf of the Plaintiff in the plaint that it was earlier constrained to institute proceedings against Defendant No. 2 for similar reliefs. It is stated that the Defendant Nos. 1 and 2 are group companies and that orders passed in earlier proceedings are relevant for the urgent ad-interim reliefs being pressed on behalf of the Plaintiff.

(3.) It is stated in the plaint that the Plaintiff has obtained assignments from as many as seven music labels and in terms of the assignment deeds executed in favour of the Plaintiff, it has exclusive control and copyright in sound recordings, which are subject matter of the said assignment deeds. The Plaintiff claims such exclusive rights in respect of the repertoire of large numbers film and non-film songs in Hindi and other regional languages. Copies of the assignment deeds executed by the seven music labels are placed on record. It is stated that as per the said assignment deeds "On Ground Performance Rights" are granted to the Plaintiff whereby, inter-alia, it has the right to issue further licenses to third parties for playing such sound recordings. Such licenses can be event specific or for specific periods. It is stated that the structure of the fees charged by the Plaintiff for issuing said licenses is available on its website and details of the such assignment deeds and the extent of rights held by the Plaintiff are also uploaded on the website of the Plaintiff.