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2013 (4) TMI 651 - HC - Companies LawInfringement of copyright - Persistent breach and default of the terms of the licence - Held that:- The judgement of a Division Bench of this Court in Music Choice India Private Limited v. Phonographic Performance Limited () similarly emphasises that exclusive jurisdiction to grant a licence is vested with the Copyright Board - Defendant has prima facie been guilty of a persistent breach of its obligation - The Plaintiff has made out a strong prima facie case - The balance of convenience must necessarily weigh in favour of the Plaintiff since, to allow the Defendant to broadcast songs on the basis of the terms of the compulsory licence which has been validly terminated would amount to an infringement of the copyright of the Plaintiff - Moreover, admittedly the Plaintiff does not command a monopoly in respect of the entire market - The grant of an injunction may at worst be a matter of inconvenience but would not result in the closing down of the business of the Defendant. Learned Single Judge was in error in allowing the Defendant the continued use of the repertoire of the songs of the Plaintiff - We set aside the operative direction contained in paragraphs 9 and 10 of the impugned order of the learned Single Judge allowing the Defendant to broadcast sound recordings from the repertoire of the Plaintiff subject to the deposit of an amount of Rs.11.50 lakhs - For the reasons indicated earlier, we grant an ad-interim order in terms of prayer clause (a) of the Notice of Motion - We also clarify by way of abundant caution that this order shall not come in the way of the final disposal of the Notice of Motion on merits. The appeal filed by the Defendant stand dismissed - Cross-Objection of the Plaintiff is allowed.
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