- Court
- Madras High Court
- Date of judgment
- Judge
- Senthilkumar Ramamoorthy C. S
- Outcome
- Disposed of
Headnote
Suit decreed against ex parte defendants for unlicensed public performance of a copyright society's repertoire at live music events. The Court held that a copyright society registered with the Central Government is permitted under sections 18, 19 and 33 of the Copyright Act, 1957 to grant licences and collect royalty on behalf of its members, and that the evidence of the society's licensing executive and its investigator established that the songs performed at the event in question were published by its members. In the absence of any contrary evidence, the society was entitled to the injunctive relief claimed and to rendition of accounts with a decree of profits. The first defendant had agreed while the suit was pending to settle for Rs.20,00,000 with GST but paid only about Rs.9,90,000 and repeatedly violated undertakings given to the Court, so the plaintiff was directed to give credit for the amounts received and prosecute the suit on merits. On counsel's submission that the balance would be paid, the decree for rendition of accounts was made conditional: it comes into effect only if the outstanding amount is not paid by the stated date, and payment is to be treated as discharge of that obligation. Applications alleging wilful disobedience of interim injunctions were closed without separate orders because the permanent injunction and rendition of accounts were being granted in the judgment itself.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.