Case Note & Summary
The appellant, M/s. Mars Recording Private Limited, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the order dated 22.9.2008 passed by the XVIII Additional City Civil Judge, Bangalore City, in O.S.No.6671/2006, dismissing the suit as not maintainable in law. The appellant-plaintiff is a private limited company engaged in recording and marketing audio and video cassettes under the name 'Shankar Music Cassettes'. The respondent-defendant, M/s. Saregama India Limited (formerly Gramophone Company of India Ltd.), holds copyrights to many musical works. The plaintiff intended to make sound recordings (cover versions) of certain musical works owned by the defendant and issued notices of intention under Section 52(1)(j)(ii) of the Copyright Act, 1957 on 23.6.2006 and 3.7.2006 for five titles. The plaintiff claimed compliance with Rule 21 of the Copyright Rules, 1958. The defendant objected, alleging infringement. The plaintiff filed a suit for declaration that it was entitled to make cover versions and for permanent injunction restraining the defendant from interfering. The trial court dismissed the suit as not maintainable, holding that the plaintiff had not complied with the statutory requirements. The High Court allowed the appeal, set aside the trial court's order, and remanded the suit for fresh disposal on merits. The court held that the suit is maintainable as the civil court has jurisdiction to decide the question of infringement and the Copyright Act does not bar such a suit. The court directed the trial court to give the plaintiff an opportunity to prove compliance with Section 52(1)(j)(ii) and Rule 21.
Headnote
A) Civil Procedure - Maintainability of Suit - Bar of Suit - Section 9 CPC, Section 52(1)(j)(ii) Copyright Act, 1957 - The trial court dismissed the suit as not maintainable on the ground that the plaintiff had not complied with the statutory requirements for making cover versions. The High Court held that the suit for declaration and injunction is maintainable as the plaintiff sought to establish its right to make cover versions under Section 52(1)(j)(ii) and the civil court has jurisdiction to decide the question of infringement. The bar under Section 9 CPC does not apply as the Copyright Act does not oust the jurisdiction of civil courts for such reliefs. (Paras 1-10) B) Copyright Law - Cover Version - Statutory License - Section 52(1)(j)(ii) Copyright Act, 1957 - The provision allows any person to make sound recordings of literary, dramatic or musical works if they give prior notice of intention and pay royalties. The court observed that the plaintiff had issued notices of intention but the trial court did not examine whether the notices complied with Rule 21 of the Copyright Rules, 1958. The matter was remanded for fresh consideration on merits. (Paras 3-8) C) Copyright Law - Notice of Intention - Compliance - Rule 21 Copyright Rules, 1958 - The rule requires the notice to contain details of the work, owner of copyright, and particulars of previous sound recordings. The trial court dismissed the suit without giving the plaintiff an opportunity to prove compliance. The High Court set aside the dismissal and remanded the suit for trial. (Paras 4-9)
Issue of Consideration
Whether the suit filed by the plaintiff seeking declaration and permanent injunction in respect of making cover versions of musical works is maintainable in law, particularly when the plaintiff had not complied with the requirements of Section 52(1)(j)(ii) of the Copyright Act, 1957 and Rule 21 of the Copyright Rules, 1958.
Final Decision
The High Court allowed the appeal, set aside the order dated 22.9.2008 passed by the XVIII Additional City Civil Judge, Bangalore City, in O.S.No.6671/2006, and remanded the suit for fresh disposal on merits. The trial court was directed to give the plaintiff an opportunity to prove compliance with Section 52(1)(j)(ii) of the Copyright Act, 1957 and Rule 21 of the Copyright Rules, 1958.
Law Points
- Maintainability of civil suit
- Copyright Act
- Section 52(1)(j)(ii)
- cover version
- notice of intention
- statutory license
- infringement
- declaration
- injunction
- jurisdiction of civil court
- bar of suit
- Copyright Rules 1958
- Rule 21
