Delhi High Court
Saga Music Private Limited & Anr. vs Sony Music Entertainment India Pvt. Ltd ... on 16 October, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~25 & 51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 16th October, 2023
+ CS(COMM) 313/2023, I.A. 9469/2023 & 13661/2023
SAGA MUSIC PRIVATE LIMITED & ANR. ..... Plaintiffs
Through: Mr. Uttam Datt, Mr. Arjun Anand,
Ms. Sonakshi Singh, Mr. Kumar
Bhaskar & Mr. Aman Sanjeev
Sharma, Advs. (M. 9711834225)
versus
SONY MUSIC ENTERTAINMENT
INDIA PVT. LTD & ORS. ..... Defendants
Through: Mr. Harsh Saxena, Mr. Himanshu
Satija, Advs. for D-1 (M.
9424682707)
Mr. Aditya Gupta and Ms. Aishwarya
Kane, Advs. for D-3 (M.
9910083144)
Mr. Jayant Mehta, Sr. Adv. with Ms.
Anushree Rauta, Mr. Rahul Dhote,
Mr. Shwetank Tripathi, Mr. Kunal
Gupta, Mr. Mohit bangwal, Ms.
Rudhhi Bhalekar & Mr. Akshat
Advocates for D-2. (M. 9818989769)
51 AND
+ CS(COMM) 740/2023
HARDIP SINGH SIDHU ..... Plaintiffs
Through: Mr. Jayant Mehta, Sr. Adv. with Ms.
Anushree Rauta, Mr. Rahul Dhote,
Mr. Shwetank Tripathi, Mr. Kunal
Gupta, Mr. Mohit bangwal, Ms.
Rudhhi Bhalekar & Mr. Akshat
Advocates.
Mr. Uttam Datt, Mr. Arjun Anand,
Ms. Sonakshi Singh, Mr. Kumar
Bhaskar & Mr. Aman Sanjeev
Sharma, Advs. (M. 9711834225)
versus
Signature Not Verified
Digitally Signed CS(COMM) 313/2023 & connected matter Page 1 of 10
By:DHIRENDER KUMAR
Signing Date:17.10.2023
16:21:34
SAGA MUSIC PRIVATE LIMITED & ORS. ..... Defendants
Through: Mr. Uttam Datt, Mr. Arjun Anand,
Ms. Sonakshi Singh, Mr. Kumar
Bhaskar & Mr. Aman Sanjeev
Sharma, Advs. for De-1&2.
Mr. Abhishek Malhotra & Ms.
Subhalakshmi Sen, Advs. for D-3.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode. I.A. 13661/2023 in CS(COMM) 313/2023
2. Insofar as Defendant No. 1-Sony Music Entertainment India Pvt. Ltd. is concerned, it has moved an application for deletion under Order 1 Rule 10(2) CPC. At this stage, the Court is not inclined to delete Defendant No. 1 as their presence may be necessary for adjudication of disputes. Though no relief is claimed against Defendant No. 1, the application for deletion shall await further orders.
I.A.20509/2023 (for exemption) in CS(COMM) 740/2023
3. This is an application filed by the Plaintiff seeking exemption from filing original/certified copies and/or clean/typed/translated/legible copies with proper margin of documents. Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act, 2015 and the DHC (Original Side) Rules, 2018.
4. Exemption is allowed, subject to all just exceptions. Accordingly, the application is disposed of.
Signature Not Verified Digitally Signed CS(COMM) 313/2023 & connected matter Page 2 of 10 By:DHIRENDER KUMAR Signing Date:17.10.2023 16:21:34I.A.20507/2023 (for additional documents) in CS(COMM) 740/2023
5. This is an application filed by the Plaintiff seeking leave to file additional documents under the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter, 'Commercial Courts Act'). The Plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act and the DHC (Original Side) Rules, 2018.
6. Application is disposed of.
I.A.20508/2023 in CS(COMM) 740/2023
7. This is an application for placing on record the pen drive containing the Plaintiff's sound recording and impugned sound recordings. The recordings of the impugned videos be filed on a pen drive and be uploaded on the electronic record of the Court. I.A. is disposed of. I.A.20510/2023 (u/S 12A of the Commercial Courts Act) in CS(COMM) 740/2023
8. This is an application filed by the Plaintiff seeking exemption instituting pre-litigation mediation. Considering that there are already two suits pending between parties and in view of the orders passed in Chandra Kishore Chaurasia v. R A Perfumery Works Private Ltd, 2022/DHC/004454, the application is allowed and disposed of. CS(COMM) 740/2023
9. Let the plaint be registered as a suit.
10. Issue summons to the Defendants through all modes upon filing of Process Fee.
Signature Not Verified Digitally Signed CS(COMM) 313/2023 & connected matter Page 3 of 10 By:DHIRENDER KUMAR Signing Date:17.10.2023 16:21:3411. For Defendant Nos.1 and 2 i.e. M/s Saga Music Private Limited and M/s Unisys Infosolutions Private Limited, Mr. Datt, ld. Counsel has entered appearance and accepts summons.
12. Insofar as Satinder Pal Singh Sartaaj- Defendant No.3 is concerned, Mr. Malhotra, ld. Counsel accepts summons. For Defendant No. 4-Sony Music Entertainment India Pvt. Ltd., Mr. Harsh Saxena, ld. Counsel accepts summons.
13. Written statement(s) to the plaint shall be positively filed within 30 days. Along with the written statement(s), the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiff, without which the written statement(s) shall not be taken on record.
14. Liberty is given to the Plaintiff to file the replication(s) within 15 days of the receipt of the written statement(s). Along with the replication(s), if any, filed by the Plaintiff, an affidavit of admission/denial of documents of the Defendants, be filed by the Plaintiff, without which the replication(s) shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
15. List before the Joint Registrar for marking of exhibits on 10th November, 2023. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
16. List before Court on 20th March, 2024.
I.A. 20506/2023 (u/O XXXIX Rule 1 & 2 CPC) in CS(COMM) 740/2023 I.A. 9469/2023 (u/O XXXIX Rule 1 & 2 CPC) in CS(COMM) 313/2023
17. Issue notice in I.A.20506/2023. For Defendant Nos. 1 and 2 i.e. M/s Saga Music Private Limited and M/s Unisys Infosolutions Private Limited, Mr. Datt, ld. Counsel accepts notice. Insofar as Defendant No. 3-Satinder Signature Not Verified Digitally Signed CS(COMM) 313/2023 & connected matter Page 4 of 10 By:DHIRENDER KUMAR Signing Date:17.10.2023 16:21:34 Pal Singh Sartaaj (`artist') is concerned, Mr. Malhotra, ld. Counsel accepts notice. For Defendant No. 4-Sony Music Entertainment India Pvt. Ltd.,(`Sony Music') Mr. Harsh Saxena, ld. Counsel accepts notice in the application.
18. The present suit has been filed by the Plaintiff-Mr. Hardip Singh Sidhu seeking an injunction against use/exploitation of the sound recording titled 'JALSA' performed by Defendant No. 3-Mr. Satinder Singh Sartaj at the Sydney Opera House concert in 2019. The Plaintiff further seeks a decree of declaration that Defendant No. 3 has no rights to the song/sound recording 'JALSA' and the underlying works including the lyrics and musical works.
19. Insofar as Defendant No. 1 and 2 are concerned, the Plaintiff seeks an injunction restraining the said Defendants from infringing the Plaintiff's copyright in the song/sound recording 'JALSA' inter alia by making copies of the recording of performance of Defendant No. 3 of the song/sound recording 'JALSA' at Sydney Opera House Concert.
20. The chronology of events that has resulted in the present suit is as follows:
The Artist authored, wrote the lyrics and recorded the sound recording titled 'JALSA'. The said song/sound recording was first performed in the year 2014.
An Exclusive Album Assignment Agreement (hereinafter, 'Album Assignment Agreement') was entered into between the Artist and Sony Music on 22nd April, 2014. In terms of the Album Assignment Agreement, all rights in the song including the literary works, the musical works, performances and performer's rights etc. (hereinafter, Signature Not Verified Digitally Signed CS(COMM) 313/2023 & connected matter Page 5 of 10 By:DHIRENDER KUMAR Signing Date:17.10.2023 16:21:34 'Rights') were stated to have been assigned to Sony Music in the present suit;
Thereafter, vide Assignment Agreement dated 17th July, 2018 Sony Music is stated to have assigned the Rights to Mr. Hardip Singh Sidhu, the Plaintiff. It is stated that the same was an exclusive and absolute assignment in terms of Clause 4 of the Assignment Agreement;
It is stated that in 2019 the Sydney Opera House Live Concert took place, where the song/sound recording 'JALSA' was again performed by Defendant No. 3;
It is stated that the rights in the Artist's performance of the said sound recording at the Sydney Opera House were assigned to M/s Unisys Infosolutions Private Limited (`Unisys') which is the Plaintiff No. 2 in CS(COMM) 313/2023 vide Copyright Assignment Agreement dated 16th August 2022 which in turn licensed the said rights vide Copyright Assignment Agreement dated 18th August 2022 to M/s Saga Music Private Limited (`Saga Music') i.e. Plaintiff No. 1 in CS(COMM) 313/2023. Both are Plaintiffs in CS(COMM) 313/2023 as also in CS(COMM) 658/2023. The said two entities are Defendant Nos. 1 and 2 in CS(COMM) 740/2023.
21. Thus, there are a total of three suits which are pending in respect of the same song 'JALSA'. For the sake of clarity, the details are set out below:
S. Suit no. Plaintiff(s) Defendant(s) Relief sought for No
1. CS(Comm) Plaintiff No. 1- Defendant No. 1- For seeking an injunction 313/2023 Saga Music Pvt. Sony Music against the groundless Ltd. Entertainment India threats being leveled Signature Not Verified Digitally Signed CS(COMM) 313/2023 & connected matter Page 6 of 10 By:DHIRENDER KUMAR Signing Date:17.10.2023 16:21:34 Pvt. Ltd. against the Plaintiffs Plaintiff No. 2- Defendant No. 2- under Section 60 of the Unisys Hardip Singh Sidhu Copyright Act, 1957.
Infosolutions Defendant No. 3-
Private Limited Google LLC.
Defendant No. 4-
Google India
Private Limited
Defendant No. 5-
Satinder Pal Singh
Sartaaj
2. CS(Comm) Plaintiff No. 1- Defendant No. 1- For an injunction
658/2023 Saga Music Pvt. Mr. Satinder Pal restraining the
Ltd. Singh Sartaaj Defendants
Plaintiff No. 2- Defendant No. 2- from incorporating or
Unisys Hardip Singh Sidhu using the song 'JALSA'
Infosolutions Defendant No. 3- in the film 'MISSION
Private Limited M/s Pooja RANIGANJ'.
Entertainment
Limited
Defendant No. 4-
M/s Jjust Music
Label Pvt. Ltd.
3. CS(Comm) Plaintiff- Hardip Defendant No. 1- Fresh suit in respect of
740/2023 Singh Sidhu Saga Music Pvt. the recording of
Ltd. performance of the
Defendant No. 2- sound recording
Unisys 'JALSA' at Sydney
Infosolutions Opera House Concert.
Private Limited
Defendant No. 3-
Satinder Pal Singh
Sartaaj
Defendant No. 4-
Sony Music
Entertainment India
Pvt. Ltd.
Signature Not Verified
Digitally Signed CS(COMM) 313/2023 & connected matter Page 7 of 10
By:DHIRENDER KUMAR
Signing Date:17.10.2023
16:21:34
22. All the three suits thus relate to the same sound recording 'JALSA'.
The Court would have to consider the agreements placed on record by both sets of claimants i.e,. the Defendants in CS(Comm) 740/2023- M/s Saga Music Private Limited and M/s Unisys Infosolutions Private Limited on one hand and the Plaintiff-Mr. Hardip Singh Sidhu on the other hand. The Defendant No. 3 is represented by Mr. Malhotra, ld. Counsel.
23. Ld. Counsel appearing for Defendant No. 1-Sony Music in CS(COMM) 313/2023 is directed to take instructions for appearance in the present suit as well. Further, as submitted ld. Sr. Counsel Mr. Jayant Mehta, in any case, Sony Music would only be a proforma Defendant, as no relief is being sought qua Defendant No. 1.
24. Insofar as the interim injunction application I.A. 20506/2023 is concerned, the video of the Sydney Opera House Concert, which can be accessed online, has been clearly uploaded since 16th August, 2022. An interim injunction is now being sought in the fresh suit today i.e. CS(COMM) 740/2023.
25. In view of the fact that the other two suits i.e. CS(Comm) 313/2023 and CS(Comm) 658/2023 are already pending before this Court, the Court would like to hear the entire matter comprehensively, rather than immediately directing taking down of any video that has already been uploaded as on date.
26. Further, vide order dated 15th May 2023, this Court in I.A. 9469/2023, directed as follows:
"19. In view of the above, the Court is satisfied that Plaintiffs have made out a prima facie case in their favour and in case no ex-parte ad-interim injunction is granted, they will suffer an Signature Not Verified Digitally Signed CS(COMM) 313/2023 & connected matter Page 8 of 10 By:DHIRENDER KUMAR Signing Date:17.10.2023 16:21:34 irreparable loss; balance of convenience also lies in favour of the Plaintiffs and against Defendants No. 1 and 2.
20. Till the next date of hearing. Defendant Nos. 1 and 2 are restrained from issuing any groundless threats of legal proceedings against the Plaintiffs or its licensees, in respect of sound and video recordings and the underlying musical and literary works, namely "Sydney Opera House Live Concert by Sartaaj Singh" or any part thereof, including the recording of song "Jalsa"
sung and performed by Defendant No. 5 in the said concert, or initiating a "copyright strike" on YouTube to Defendant No. 3 and/ or Defendant No. 4, in respect thereof."
27. Accordingly, in the CS(COMM) 740/2023 the following interim directions are issued:
i) The YouTube recordings of the Sydney Opera House concert, already posted on the said platform shall continue to remain online. However, a complete statement of account shall be filed by all the Defendants disclosing the amount of revenue that they have earned from the said YouTube videos consisting of the Sydney Opera House Concert performance of the sound recording 'JALSA';
ii) No fresh videos shall be uploaded consisting of the Sydney Opera House Concert of the sound recording 'JALSA'. This shall not affect any other works which were performed at the said concert.
28. Reply to the application i.e. I.A.20506/2023 be filed within four weeks. Rejoinder within four weeks.
Signature Not Verified Digitally Signed CS(COMM) 313/2023 & connected matter Page 9 of 10 By:DHIRENDER KUMAR Signing Date:17.10.2023 16:21:3429. Insofar as the current platforms where the performance by Defendant No.3 at Sydney Opera House Concert has been uploaded by M/s Saga Music Private Limited and M/s Unisys Infosolutions Private Limited are concerned, let a complete list of YouTube links be provided to ld. Counsel for Mr. Hardip Sidhu, confining to the sound recording 'JALSA'. Let the same be communicated to ld. Counsel for Mr. Hardip Singh Sidhu within two weeks.
30. Compliance of Order XXXIX Rule 3 CPC is not required as all Defendants have appeared before the Court.
31. List on 20th March, 2024 along with other two connected suits.
PRATHIBA M. SINGH JUDGE OCTOBER 16, 2023 Rahul/dn Signature Not Verified Digitally Signed CS(COMM) 313/2023 & connected matter Page 10 of 10 By:DHIRENDER KUMAR Signing Date:17.10.2023 16:21:34