Delhi High Court restrains Virat Kohli owned One8 Commune restaurants from playing copyrighted songs of PPL

The Delhi High Court recently passed an interim order restraining Virat Kohli owned restaurant/cafe chain One8 Commune from playing songs in which Phonographic Performance Limited (PPL) holds the copyright [Phonographic Performance Limited v Cornerstone Sport and Entertainment Private Limited & Ors].

Justice C Hari Shankar said that the order will remain in force till the next date of hearing and One8 Commune cannot play PPL’s songs without obtaining a license.

“Till the next date of hearing, the defendants as well as all other acting on their behalf shall stand restrained from playing any of the recordings forming subject matter of the plaintiff’s copyright and figuring on the website https://www.pplindia.org/songs, without obtaining a prior license from the plaintiff,” the Court ordered.

PPL had filed the copyright infringement suit against One8 Commune to restrain it from using the songs of PPL at its restaurants/cafes.

It was stated that One8 Commune was playing its songs at its restaurants/cafes without any copyright license and a legal notice in this regard was issued to them. However, One8 Commune never complied with the terms of the legal notice.

One8 Commune’s counsel gave an undertaking to the Court that they will not play the copyrighted recording of PPL without obtaining a license.

Justice Hari Shankar took the statement on record and underscored that the position of law is prima facie clear and since PPL is the owner of copyright in the recordings, it is not permissible for anyone else to play those recordings without license.

The Bench then proceeded to pass an interim order.

Phonographic Performance Limited was represented by Senior Advocate Chander M Lall along with the team of Khaitan & Co led by Partner Ankur Sangal and comprising Principal Associate Sucheta Roy and Associates Raghu Vinayak Sinha and Shaurya Pandey.

(Courtesy by; Bar&Bench)