Phonographic Performance Limited v. Al-Hamd Tradenation

The Hon’ble Delhi High Court has, recently, in a suit for injunction filed by Phonographic Performance Ltd (“Plaintiff”) restrained AL-Hamd Tradenation (“Defendant”) from using the Plaintiff’s copyrighted sound recordings without a license.

It was the Plaintiff’s case that it owns and controls the public performance and broadcasting rights to a vast repertoire of international and domestic sound recordings and any use of these sound recordings without an appropriate license from the Plaintiff constitutes copyright infringement. The Defendant intended to use these copyrighted works for an event at a restaurant and proposed a license fee significantly lower than the standard rate, which the Plaintiff refused. In spite of this, the Defendant, proceeded to play the sound recordings. The Plaintiff, upon discovering the Defendant’s infringing activities, filed the suit. The Defendant argued it was prepared to pay only the proposed license fee and, following the Plaintiff’s refusal, it had filed a petition seeking a statutory license and asserted that it should not be compelled to meet the Plaintiff’s unreasonable demands.

The Court highlighted the necessity of protecting the Plaintiff’s copyright and ensuring fair compensation for the use of their works. It also acknowledged that the Defendant’s unauthorized use and exploitation of copyrighted sound recordings, without a proper license, can cause irreparable damage to the Plaintiff. The Court therefore restrained the Defendant from using any of the Plaintiff’s copyrighted sound recordings without obtaining a proper license. The Court also ruled the Defendant is at liberty to approach the Plaintiff to secure a license by paying the fees as stipulated by the Plaintiff.

Phonographic Performance Limited v. Al-Hamd Tradenation [CS(COMM) 564/2024].