Bombay High Court Quashes Summons in Copyright Infringement Case
Recently, the Bombay High Court quashed and set aside a Magistrate’s order that issued summons to the directors of the Petitioner No. 1, Cosmos Premises Pvt. Ltd. (“Cosmos”), and the general manager of one of its restaurants, in relation to a copyright infringement complaint filed by the Respondent No. 1, Novex Communication Pvt. Ltd. (“Novex”), alleging that the songs assigned to Novex were unauthorizedly played at an event at one of Cosmos’ restaurants.
The Petitioners asserted that the order passed by the Magistrate suffers from non-application of mind and cannot sustain since (a) Cosmos’ restaurant is not a separate legal entity and cannot be made an accused in the complaint, and (b) there were no specific allegations against the accused persons in the complaint, as required under relevant legal provisions.
Novex, on the other hand, asserted that copyright law provides for the prosecution of both the company and the directors/responsible officers. It also stated that the order does not affect either party’s rights, and that the accused persons would have the opportunity to demonstrate that they are not involved in the day-to-day operations of the company to avoid any liability.
The court concurred with Cosmos’ assertions that the restaurant cannot be considered a separate legal entity in the eyes of law and this itself shows non-application of mind by the Magistrate.
The court further noted that under copyright law, it is necessary that (a) the complainant implead the company through the responsible officer who conducts the business of such company, and (b) the complaint contain allegations regarding the commission of the offence with consent or connivance or negligence of other directors, managers, secretaries, or other officers. The court observed that while the complaint shows that the accused nos. 1(a) and 1(b) are the directors of Cosmos and the accused no. 2 is the manager of the restaurant, there are no specific arguments in the complaint that these people are responsible for the day-to-day affairs of Cosmos.
In light of the above, the court held that the Magistrate’s order deserves to be set aside since the complaint and the order are silent about the roles of the accused and how they are liable to be prosecuted, as required under law.
Cosmos Premises Pvt. Ltd. & Anr. v. Novex Communications Pvt. Ltd. & Anr. [Criminal Writ Petition No. 8 of 2024] Judgements dated October 21, 2024 Click here to read more
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