Mumbai: HC restrains Sunburn Fest in Goa from playing Bollywood songs

Mumbai: The organisers of the Sunburn Festival in Goa, to be held from Dec 28-30, and allied events have been restrained by the Bombay High Court from playingBollywood songs and sound recordings that would infringe the copyrights in any work owned and protected by Novex Communications.

Justice Manish Pitale, on Dec 21, however, granted liberty to the organisers to approach Novex Communications for a grant of licence.

Novex communications had filed a suit in the HC claiming that it has exclusive rights over sound recordings of several music companies, and it is an authorised firm for Zee Music Company, Yash Raj Films (YRF) and Eros International Media Ltd, among others. Pending hearing in the suit, it filed an application seeking interim relief against Percept and Percept Live Pvt Limited.

Sharan Jagtiani, counsel for Novex, argued that it has exclusive rights in respect of the repertoire of a large number of film and non-film songs in Hindi and other regional languages and it has signed assignment deeds with seven music labels. These deeds include “on-ground performance rights” such as live events in commercial establishments, including clubs, hotels, restaurants etc.

Novex can issue licences to third parties to play the songs for an event or certain periods in exchange for a fee, he argued.

On Nov 24, Novex Communications issued a notice to the defendants expressing apprehension that the Sunburn organisers were likely to violate its rights in the upcoming event in Goa. It asked them to cease such violations and apply for appropriate licenses for playing such sound recordings instead.

As it did not receive any reply to the notice, Novex filed an application in HCseeking urgent relief.

“…There is sufficient material to show that the Defendants may violate the exclusive rights held by the Plaintiff in the aforementioned sound recordings, particularly in the backdrop of the past conduct of the Defendants and that therefore, if ad-interim relief, as prayed, is not granted, the Plaintiff is likely to suffer grave and irreparable loss,” Justice Pitale held while granting interim relief.

The HC has kept the matter for hearing on February 10, 2023.

Published on: Sunday, December 25, 2022, 01:31 AM IST