Mumbai: In a setback to Wynk Music Limited (Airtel), the Bombay High Court recently restrained the internet broadcasting forum from allowing its users to download 25,000 songs owned by Tips Industries. This comes after the HC concluded that Wynk Music was ‘exploiting’ the songs exclusively owned by Tips. A bench of Justice Shahrukh Kathawalla concluded that Wynk had infringed the copyrights of Tips by using its songs, without seeking a prior licence for using the same.
“I am of the opinion that Tips has made out a prima facie case for grant of interim injunction against Wynk Music. The injury or harm which would be caused to Tips in case the interim injunction is not granted, is certainly irreparable,” said Justice Kathawalla. “I hold that insofar as the download and purchase features and also the demand streaming services of Wynk are concerned, the same amounts to infringement of Tips’ rights, envisaged in the Copyrights Act,” Justice Kathawalla added.
The court noted the recent trend in the music industry, which has experienced a rise of over-the-top service providers such Wynk, who exploit copyrighted works, either through internet broadcast or download features, without seeking or obtaining a licence from the owners. “In my view, such use of the copyrighted works, through internet broadcast or download features, without obtaining a licence from the owners of the copyright amounts to usurpation of the exclusive rights of the owners to commercially rent, sell or communicate to the public their sound recordings,” Justice Kathawalla said.
The judge took into account the fact that at present, Wynk hosts nearly 2.6 million sound recordings of other copyright holders. “Thus, an injunction order restraining Wynk from using songs of Tips, would preclude them from using 25,000 songs out of 2.6 million songs, shall not bring their business to a standstill or cause irreparable injury,” Justice Kathawalla said. The bench turned down the request made by Wynk seeking protection, as it noted the fact that the internet broadcasting forum was continuously infringing the rights of Tips.
“I do not see why Wynk deserve protection when they are knowingly infringing upon the copyrights of Tips and show every intention of continuing to do so. Considering that Wynk is knowingly infringing upon the copyrights of Tips, the grant of temporary injunction restraining it is necessary and is the appropriate remedy,” Justice Kathawalla ruled.
