MUMBAI: In a significant development that will strengthen the copyrights of music records, the Bombay High Court has ordered Lulu International Shopping Malls to get a prior licence agreement done from Phonographic Performance (PPL) to use their recordings at its premises.
The interim judgment delivered earlier this month by Bombay High Court judge RI Chagla, a copy of which was uploaded on the court's website Monday, establishes the important precedents for the use of sound recordings/music in public spaces. The order reinforces the need for businesses to respect copyright laws and obtain proper licensing for the use of protected content.
Reacting to the judgement, a spokesman of Phonographic Performance told TNIE that “the court order underscores the importance of copyright laws and their compliance and fair compensation for the use of sound recordings. This ruling is a crucial step in ensuring that artists and producers receive their due recognition and remuneration."
The copyright infringement suit was filed by PPL against Lulu International Shopping Malls for regular infringement of its copyrights since 2022. Lulu Shopping Malls used to procure a licence from PPL until 2022 for copyrighted sound recordings. During various events organized in the mall premises sound recordings were played to the public without licence.
Senior advocate Sharan Jagtiani represented PPL. The petition also sought a direction to stop hotels using their copyrighted recordings without a licence.
During the hearing, Lulu gave an undertaking to the court that it will get a licence from PPL.
Lulu International Shopping Malls must obtain licences from PPL for any sound recordings used at events organised on their premises. This includes events organised by third parties at Lulu's premises, where the mall as well as all other premises under their control must ensure that the event organizers secure the necessary licenses from PPL before playing any copyrighted sound recordings,” the court said.
The order further asked Lulu to respect all events of any kind other than those expressly exempted under Section 52 of the Copyright Act, organized by it at its premises, if it desires to communicate the copyrighted sound recordings.
The license fees paid by the Defendant No.1 to Plaintiff in the event they obtain license shall be subject to the final outcome of the suit.