Manali Chotalia
The Indian Singers Rights Association (ISRA) has filed a petition for copyright infringement against Dharma Productions Pvt. Ltd. in the Delhi HC.
The High Court has asked for a response seeking royalty payment as the defendant has allegedly encroached the Copyright Act concerning the performers right in ‘Ae Ji O Ji’ from the film “Ram Lakhan”, ‘Choli Ke Peeche Kya Hai’ from the film “Khalnayak” and ‘Saajan Ji Ghar Aaye’ from the film “Kuch Kuch Hota Hai”.
The plaintiff claimed that the defendant had released these performances, which are an original part of other cinematograph films, in the cinematograph film ‘Gunjan Saxena- The Kargil Girl.’
The court heard the suit stating the encroachment of ISRA’s performer’s rights included in the Copyright (Amendment) Act, 2012 u/s 38A and 38B which were introduced after amending Section 38. The plaintiff claimed for the royalty payment stating its right u/s 2q and 2qq of the Copyright Act which defines the ‘performance’ and ‘performer.’
The defendant – Dharma Production’s counsel stated that the performances did not go live and were studio performances, thus, claiming that plaintiff cannot seek the performer’s rights.
The Single–judge bench of Justice Mukta Gupta, however, delayed passing the order as to the amount to be deposited till the next hearing which is scheduled on 12th March 2021.
“Considering the fact that the rival contentions and the underlying agreements are yet to be considered by this Court, this Court, at this stage, is deferring passing any order/directions to the defendant to deposit the amount till the next date of hearing before which date parties will complete their pleadings,” the court stated.