- Case number
- CS(COMM) 773/2023
- Court
- Delhi High Court
- Date of judgment
- Judge
- Prathiba M. Singh
- Outcome
- Injunction granted
Headnote
Interim relief granted in a dispute over a film song said to be based on a dhrupad composition, with the Court shaping a remedy around attribution rather than suppression. It found a prima facie case of copyright infringement and held the balance of convenience with the plaintiff because, once the film and song lose their audience by the time trial concludes, the possibility of effective acknowledgment would be lost, causing irreparable injury to the creative and moral rights of composers who are no longer alive. The singers of the impugned song were disciples of the plaintiff's family, which the Court treated as showing the intricate link between the compositions.
Disposition
Interim relief granted.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.