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2016 (8) TMI 614 - HC - Indian LawsInfringement of Copyright - Decree of permanent injunction - Held that:- The Court is satisfied that the Plaintiff has been able to prove the infringement by the Defendant of the R3 of the members of the Plaintiff Society in the performances as recorded in the CDs prepared by the Plaintiff’s Investigator. The playing of songs by the Defendant in its restaurant without payment of royalty to the Plaintiff is a violation of the R3 of the performers who are members of the Plaintiff. The exploitation of the performances of the members of the Plaintiff by the Defendant by playing the said performances in its bar and restaurant without obtaining the Performer’s Rights Clearance Certificate thus constitutes an infringement of the R3 of the members of the Plaintiff Society. In that view of the matter, the suit is decreed and a decree of permanent injunction is issued restraining the Defendant, its officers, servants, agents and representatives and all others acting for and on its behalf from communicating to the public the Plaintiffs repertoire comprising of Performer's performances of all its members and that of the members of its sister societies which it is authorized to administer in India, without paying royalties to and obtaining a clearance from the Plaintiff Society or doing any other act infringing the Plaintiffs Performer's rights through any medium including but not limited to radio stations, TV and usage by mobile companies and violating the Right to Receive Royalties (the R3) and their Performer's Rights. A decree is issued requiring the Defendant to render to the Plaintiff the accounts of all the monies earned by it from the performance of the repertoire comprising the performances of the Performers who are members of the Plaintiff. In the absence of any substantive evidence in that regard in the present proceedings, the prayer of the Plaintiff requiring the Defendant to pay damages is declined. However, the right of the Plaintiff to institute separate proceedings in future in that regard against the Defendant, after rendition of accounts by the Defendant in terms of para 18 above, in accordance with law is reserved. The suit is decreed in the above terms with costs of ₹ 20,000 which will be paid by the Defendant to the Plaintiff within four weeks.
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