The High Court modified an interim injunction in a copyright suit. It held that a licensee can use a single title picture and upload audio in any format, provided no moving portion of the movie is shown.
Interim injunction modified to permit use of single title picture and any audio format without showing moving movie portions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
FAO NO. 41 OF 2022
AGAINST THE ORDER DATED 18/10/2021 IN I.A 8/2020 IN I.A.1/2020 IN
OS 36/2020 OF I ADDITIONAL DISTRICT COURT, ERNAKULAM
APPELLANT/PETITIONER IN I.A.8/2020/1ST RESPONDENT IN
I.A.NO.1/2020/1ST DEFENDANT IN SUIT:
SATYAM AUDIOS,
XL/1260, DROWPATHY, T.D. ROAD, KOCHI 682 011,
REPRESENTED BY PROPRIETOR A.G PREMACHANDRAN.
BY ADVS.
K.M.GEORGE
CHITHRA P.GEORGE
RESPONDENTS/RESPONDENTS/PETITIONER/PLAINTIFF IN SUIT/DEFENDANT
NO.2:
1 JIMMY ALIAS, AGED 61 YEARS, S/O. ELIAS, PATTASERIL HOUSE, BOYS HIGH SCHOOL, TRIPUNITHURA, NADAMEL VILLAGE, KANAYANNOOR TALUK, ERNAKULAM 682 301.2 GOOGLE LLC, 1600 AMPHITHEATRE PARKWAY, MOUNTAIN VIEW,94043, USA HAVING BRANCH OFFICE AT GOOGLE INDIA LIMITED PVT. LTD., 4TH FLOOR, NO.3 RMZ INFINITY TOWER-E, SWAMI VIVEKANANDA ROAD, SADASHIVANAGAR, BENNIGANA HALLI, BENGALURU, KARNATAKA-560 016THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR HEARING ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
FAO NO. 41 OF 2022 2
JUDGMENT
The question that came up for consideration is
whether the audio right obtained pertaining to any
movie or musical record can be telecasted or uploaded
through any audio visual media with a single title
picture. It is pertaining to an interim injunction
granted, the first defendant came up, who had
obtained audio right of 150 movies and 46 musical
records as early as on 21/02/2008. The plaintiff,
who is a subsequent assignee of the entire right over
18 movies, maintained a suit and interim injunction
against the first defendant not to use any picture
and not to telecast the audio except under MP3
format. There is no much dispute with respect to the
audio right vested with the first defendant. As
such, it is permissible for him to use a single
picture showing the title of audio without causing
any invasion upon the right of the plaintiff, i.e.
without showing any moving portion of the movie.
Further, the right to upload audio cannot be
restricted to any particular format such as MP3. It
FAO NO. 41 OF 2022 3
is permissible to use any format for the audio or its
upload, but it shall not invade the right of
plaintiff in protecting the movie or any part
thereof. In other words, the audio can be uploaded
in any format including MP3 format, provided that it
shall not use the movie as such or any part of movie
or any visual part thereof, except a single title
picture. Hence, the interim injunction granted will
stand modified to that extent permitting the first
defendant to use any single title picture showing the
title of audio without making or exhibiting any
portion of moving part of the movie in its original
position.
The appeal will stand allowed in part
accordingly.
Sd/-
P.SOMARAJAN JUDGE
msp
2 issues framed by the court
Whether audio right obtained for a movie or musical record can be telecasted or uploaded with only a single title picture.
Whether the right to upload audio can be restricted to a particular format such as MP3.
SATYAM AUDIOS
1 JIMMY ALIAS
2 GOOGLE LLC
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court