SVF procures injunction against Venus restraining from using songs of its films

SVF procures injunction against Venus restraining from using songs of its films

The respondent was allegedly publishing and making available the songs of two films on several electronic and streaming platforms without authorization or license from the petitioner

SVF Entertainment Pvt Ltd has procured an injunction against Venus Worldwide Entertainment Pvt Ltd restraining it from publication, broadcast, distribution, or use in any manner of the audio and the audio-video recording of the songs and soundtrack of the Bengali Cinematographic films namely "Dada Thakur" and "Pratibad."

The plaintiff has been engaged in the entertainment and media business, production, acquisition, exploitation, and distribution of the cinematographic films, TV serials, audio, and video songs through various modes and formats making it one of the largest production house in East India having 125 cinematographic films to its credit. In the year 2001, the plaintiff produced two films namely, "Dada Thakur" and "Pratibad."

With an agreement, the plaintiff granted the audio distribution rights to audio songs of both the films to the defendant with certain terms and agreements. The agreement expired by an efflux of time; therefore, the defendant has no subsisting right of any nature dealing with the film. Nevertheless, one of the employees heard the song of the said film on the defendant's YouTube channel. After which the plaintiff accessed various platforms such as Amazon Music, Apple Music, Jio Saavn, etc., and found the illegal use of the songs.

Having no such period being mentioned in the agreement, the defendant statutorily has five years in the absence of any such period. Also, the films were very famous in the Bengali film industry and have gained a certain amount of goodwill and reputation.

The plaintiff contended, "The respondent was publishing and making the songs of the above films available on several electronic and streaming platforms without and authorization or license from the petitioner and the respondent does not have any subsisting right of any nature whatsoever in the said films or any part thereof including but not limited to the songs or the audio or the visuals records thereof and the unauthorized activities of the defendant caused serious prejudice to the goodwill and reputation of the petitioner and also caused infringement of copyright and, therefore, has filed the instant suit.

The Court gave the judgment in favor of the defendant and held, "The defendant or any of its men, agents, servants, distributors, and exhibitors are hereby restrained from publication, broadcast, distribution or use in any manner of the audio and audio-video recordings of the songs of the Bengali cinematographic films namely 'Dada Thakur' and 'Pratibad' till 25 March 2021."