Delhi High Court refuses ‘vague’ injunction

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Delhi High Court has recently said that a defendant needs to be aware of what he is prohibited from doing before he can be told not to do it. Delivering judgment on 5 April in Indian Performing Rights Society v Badal Dhar Chowdhry & Ors, Justice Rajiv Sahai Endlaw said, “A vague injunction can be an abuse of the process of the court and such a vague and general injunction of anticipatory nature can never be granted.”

Bharatnatyam_dancerThe Indian Performing Rights Society (IPRS) applied in 2004 to Delhi High Court for an injunction against Badal Dhar Chowdhry – an organizer of live shows – and the Calcutta Improvement Trust and the state of West Bengal, owners of premises used by Chowdhry, to prohibit unauthorized use of copyright music. The IPRS, which is registered as a copyright society under section 33 of the Copyright Act, 1957, contended that the defendants organized or permitted the organization of shows that played music in which the IPRS held a copyright, without its authorization.

The IPRS claimed to be affiliated with 200 societies of authors and composers worldwide. It claimed these societies had executed assignment deeds assigning the public performing rights of its members in the IPRS’ favour. However, the court found that although the IPRS claimed rights in musical and literary works it was unable to list the works in which it held a copyright. All that the counsel could tell the court was that the IPRS had copyrights for public performance in nearly all musical works emanating not only from India but also from all over the world.

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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.

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