Supercassette Industries v. Nirulas Corner House (P) Ltd.
[(2008) 37 PTC 237, (2008) 148 DLT 487]
Coram: Hon’ble Justice S. Ravindra Bhat
Forum: Hon’ble High Court of Delhi
Case No.: I.A. No. 10742/2007 and I.A. No. 6882/2007 in CS (OS) No. 1096 of 2007.
Date of Decision: March 17, 2008

Facts:

  • The Supercassette Industries (Plaintiff) was a well-known music company that had copyrights in various literary and musical works, sound recordings, music videos, and cinematographic videos.
  • The Nirulas Corner House (P) Ltd. (Defendants) were engaged in the hotel business in New Delhi.
  • The Plaintiff learned that their copyright was being infringed by way of audio clips of songs in which they held copyrights. They were being broadcasted on the different television channels in the hotel rooms. They also hired a private investigator to determine the extent of the viewings.
  • The Plaintiff filed the case against the Defendant for infringement and sought an injunction to restrain the Defendants from the public performance along with damages.

Main Issue:

Whether copyright of a music recording could be infringed by broadcasting it in hotel rooms?