Lahari Recording Company Limited v Music Master Audio Video Manufacturing Co. Ltd
[(2008) 37 PTC 121, 2008 SCC OnLine Mad 177]
Coram: Division Bench comprising of Hon’ble Justice S.J. Mukhopadhaya and Hon’ble Justice M. Venugopal
Forum: Hon’ble Madras High Court
Case No.: O.S.A. No. 19 of 2002.
Date of Decision: March 3, 2008.

Facts:

  • The Lahari Recording Company (Appellant), signed a contract with the Music Master Audio Video Manufacturing Co. Ltd (Respondent) according to which the Respondent was assigned audio rights over film music, which originally belonged to the Appellant.
  • It was contended by the Appellant that even after the expiration of the agreement in March 1997, the audio cassettes manufactured by the Appellants were in the market with dealers.
  • Thus, the Appellant filed a suit for a declaration of absolute ownership over the audio cassettes and a permanent injunction against the Respondent for infringement of copyright.


Background/Procedural Posture:

  • The learned single Judge granted the plaintiff declaratory relief, stating that they are entitled to limited copyright, specifically audio rights for manufacturing and marketing audio cassettes of the films listed in Schedules A and B of the complaint, except for two pictures covered by a compromise decree along with the permanent injunction, restraining the defendants from infringing the plaintiff's limited copyright, specifically the audio rights for the films listed in Schedules A and B of the complaint, except for two pictures.
  • This appeal was filed by the Appellant/5th Defendant against the Judgment and Decree issued by the learned Single Judge on 07.03.2001 in C.S.No.385 of 1998.


Main Issue:


Whether continuing trade of work without the consent of the author after the expiration of the copyright assignment period constitute an infringement of copyright?