SAREGAMA INDIA LIMITED Vs. WHACKEDOUT MEDIA PVT. LTD.

JUDGEMENT

(1.) The Court: The petitioner is the owner of sound recording and underlying literary and musical works in the said sound recordings forming part of the films produced by the said producers and/or production houses in terms of several deeds of assignment entered into between the petitioner and the said producers and/or production houses. The particulars of the feature films, in respect whereof such assignments were made in favour of the petitioner, are mentioned in paragraph 4 of the petition. The petitioner states that the defendant no.1 without obtaining necessary consent and/or payment of any consideration amount has unauthorizedly and wrongfully copied the sound recordings and underlying lyrics and music of the said songs. The matter was brought to the notice of the respondent no.2. The respondent no.2 contended that they could only stop further viewing of the said songs provided any restraint order is passed in favour of the petitioner. The petitioner has disclosed several agreements in the petition where the words 'work' and 'record' have been defined and the nature of right assigned to the petitioner by the producer has been stated. All the agreements contain same and /or similar clauses. One of such agreement dated 11th May, 1966 between the petitioner and M/s. Vijayachamundeswari Picture may be referred to for the purpose of appreciating the arguments made by the parties.

(2.) The relevant clauses of the said agreements are clauses 8, 9, and 11 which are reproduced below.

(3.) The petitioner submits that the respondents have wrongfully copied the sound recording and the underlying lyrics and music of the petitioner's sound, particulars whereof are given in Annexures C and E of the petition without the petitioner's consent or authority. It is alleged that the respondents have copied the sound recordings and the underlying lyrics and music of the petitioner's said sound in its entirety. The respondents have also copied the tunes of musical work of the petitioner's said songs thereof amounting to substantial reproduction of the said musical works.