- Case number
- CS(COMM) 680/2024
- Court
- Delhi High Court
- Date of judgment
- Judge
- Tejas Karia
- Outcome
- Injunction granted
Headnote
Interim injunction granted over two songs used in a film. The Court held the plaintiff had exclusive copyright in the audio-visual recording, the sound recording and the underlying literary and musical works as original and independent works, and that the copyright had not lapsed under section 19(4) by the date of suit. The defendants' use was neither fair use nor de minimis. On a point that recurs in music licensing, the Court held that the plaintiff was not prohibited from issuing a licence merely because it was neither a registered copyright society nor a member of one, section 33 notwithstanding, and that the fee demanded was not excessive, unreasonable or exorbitant, nor was there delay in communicating it.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.