contended that this is a case where the Defendant No.3 was
engaged by the plaintiff for recording of a song for his
Music Album. These services were rendered by defendant No.
3 for consideration more particularly mentioned in the
plaint. Admittedly, the song has lyrics of one Mr. Sameer
and it was recorded as is evident by the annexures to the
plaint. The 3rd defendant had entered into an Agreement
and accepted the terms and conditions of the Agreement. In
such circumstances, the plaintiff has a subsisting copy
right in the work and, therefore, act of the defendant No.
3 transferring rights in favour of defendant Nos.1 and 2 in
respect of the song, same lyric and with the same music
composer for the purpose of the film of defendant Nos.1 and
2, infringes the Copyright of the plaintiff and, therefore,
this is a fit case where the interim injunction as prayed
be granted. The plaintiff has no objection to the release
of the film but without the subject song. While, it is
true that there was correspondence between plaintiff and
defendant Nos.1 and 2, yet, the cause of action arose only
when the defendant noticed that a CD of the film of the
song together with the other songs of the said film was
released and distributed. Therefore, there is no delay and
considering the admitted facts, the interim relief should
be granted.
