Lulu International Malls Assures Bombay High Court It Will Not Play Copyright Songs On Its Premises

The Lulu International Shopping Malls, recently assured the Bombay High Court that henceforth it will not use sound recordings or songs owned by the Phonograhic Performance Limited (PPL) without obtaining a valid licence from it.Single-judge Justice Riyaz Chagla accepted the statement made by the mall. "Defendant No.1, on instructions, states that it shall in respect of events of any kind (other than those expressly exempted under Section 52 of the Copyright Act) organized by it at its premises, if it desires to communicate the sound recordings in which the Plaintiff claims copyright, to the public, it shall do so after obtaining a license from the Plaintiff at the tariff published on the Plaintiff's website," the order passed on December 5, states. The international mall, further assured the court that it will also not permit third parties organising events at its premises to play any sound recordings or songs, if they fail to obtain licence from the PPL. "The license fees paid by the Defendant No.1 to the Plaintiff in the event they obtain license shall be subject to the final outcome of the Suit. The statement is accepted as an undertaking to this Court," the court noted in its order. The judge was hearing a commercial suit filed by the PPL seeking restraining orders against Lulu International Shopping Malls, contending that the mall has been using its copyright songs without paying the licence fees, especially since 2022. Pursuant to an earlier order, the defendant made a statement which the court took as an undertaking. Appearance:Senior Advocate Sharan Jagtiani alongwith Advocates Amogh Singh, Apurva Manwani, Asmant Nimbalkar, Anil Kumar Singh, Neeraj Nawar, Shivani Rane, Mrunmayee Nagur, Lorkin D' Souza, Josia Manoharan and DP Singh appeared for the Plaintiff.Advocates Sameer Pandit, Sarrah Khambati and Jay Vora instructed by Wadia Ghandy and Co. represented the Defendant. Case Title: Phonograhic Performance Limited vs Lulu International Shopping Malls (Comm IPR Suit (L) 35708 of 2024)Click Here To Read/Download Order

Lulu International Malls Assures Bombay High Court It Will Not Play Copyright Songs On Its Premises

Narsi Benwal

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