Delhi HC restrains Sandoz & Gola Sizzler over copyrighted music

Delhi HC restrains Sandoz & Gola Sizzler over copyrighted music

The Delhi High Court has issued an order that prohibits restaurant and cafe chains like Tim Hortons, Gola Sizzlers, and Sandoz from using songs that are part of the Phonographic Performance Limited India (PPL) copyright catalog for playing in their establishments.

Justice C. Hari Shankar has acknowledged that the complaint has been filed against the two restaurants, seeking the issuance of an ex-parte ad-interim injunction.

PPL is an Indian organization responsible for managing collective rights, granting licenses for the public performance and broadcast of sound recordings owned by its members. According to PPL's website, it asserts ownership or control over public performance rights for a vast catalog of music, including over 400 music labels and encompassing more than 5 million sound recordings from both international and domestic sources.

PPL initiated a lawsuit against the eateries, accusing them of copyright infringement for playing songs from its collection without securing the necessary licenses. Prior to the lawsuit, PPL had sent notices to these restaurants, requesting them to acquire the appropriate licenses, but the establishments did not comply and continued to play the songs without permission.

Tim Hortons' legal representatives argued that there was no valid basis for the legal action in this case. They contended that the company was neither playing nor had any intention to play any of the recordings controlled by PPL.

In its order dated October 20, the court stated, "The balance of convenience clearly favors PPL. Simultaneously, refraining from granting such relief would allow the defendants (restaurants) to persist in using PPL's copyrighted material, causing irreparable harm to PPL."

The high court, in addition to restraining the restaurants from playing PPL's music, has instructed the restaurants to submit a response. The case is scheduled to be heard on February 7, 2024.

 

Share this News

Website designed, developed and maintained by webexy