Case Note & Summary
The petitioner, Saregama India Limited (formerly Gramophone Company of India Limited), filed a civil revision application challenging an order passed by the Judge, City Civil Court, in S.C. Suit No. 3740/2000 on 8th January 2002. The petitioner was the original defendant No.3 in the suit, claiming to be the holder of sole and exclusive musical recording rights in respect of several films, including Pakeezah, assigned by the original plaintiff (respondent No.1) under an agreement dated 13th February 1971. The petitioner exploited these rights by making cassettes, records, VCDs, etc., and paid royalty to the plaintiff. The petitioner also granted a limited licence to respondent Nos.2 and 3 (original defendant Nos.1 and 2) for using two songs from Pakeezah in a feature film they were producing. The plaintiff objected to this licence, claiming that the assignment was not in consonance with the agreement and that the plaintiff, as the copyright owner, could object to the use of songs. The trial court granted an injunction on 9th April 2001 restraining the defendants from using the songs. The petitioner challenged this injunction. The High Court heard arguments from the petitioner's counsel, while the respondent did not appear despite service. The court examined the agreement and found that the assignment of musical rights was valid, exclusive, and in perpetuity, and that the petitioner had registered the copyrights under the Copyright Act, 1957. The court held that the trial court's injunction was not justified and set it aside, allowing the revision application.
Headnote
A) Copyright Law - Assignment of Copyright - Validity of Assignment - Section 18, 19, 30 of the Copyright Act, 1957 - The petitioner held sole and exclusive musical recording rights in respect of the film Pakeezah under an agreement dated 13th February 1971, registered with the Registrar of Copyrights. The trial court granted an injunction restraining the petitioner from granting a licence to other defendants for using two songs. The High Court held that the assignment was valid, exclusive, and in perpetuity, and the petitioner was entitled to exploit the rights without objection from the original plaintiff. The injunction was set aside. (Paras 2-5)
Issue of Consideration
Whether the trial court was justified in granting an injunction restraining the petitioner (original defendant No.3) from exploiting musical rights assigned under an agreement dated 13th February 1971, and whether the assignment was valid and exclusive.
Final Decision
The revision application is allowed. The order passed by the Judge, City Civil Court, in S.C. Suit No. 3740/2000 on 8th January 2002 is set aside. The injunction granted on 9th April 2001 is vacated.
Law Points
- Copyright Act
- 1957
- Section 18
- Section 19
- Section 30
- Assignment of copyright
- Exclusive licensee
- Perpetual rights
- Injunction
