In accordance to the said agreement, “Sadichha Chitra” agreed to assign in favour of plaintiff, in perpetuity, copyright and sound recording and underlying musical and literary works of songs of all cinematograph films to be produced during the tenure of the said agreement. Sadichha Chitra said rights were assigned to the plaintiff in perpetuity and plaintiff continues to be the rightful owner of the songs in the said film including sound recording and underlying musical and literary works of the song “Var Dhagala Lagli Kal”. Plaintiff’s case is that the plaintiff had vide an agreement on 12-05-1979 acquired the rights over the sound recordings and underlying musical and literary works in the songs of the cinematograph film “Bot Lavin Tithe Gudgulya”, from the original producer of the said film i.e. Plaintiff for the counsel contended that the defendants, till further hearing should not play the impugned song on the music/promotion channels of the forthcoming film, as they had been doing since August 21st to 27th, 2019, but no such order was granted. Senior Counsels for defendants 1 and 2 contended that the impugned song in the forthcoming film was not even part of the film and constituted about 2 lines only in the song which played towards the end of the film with the end credits. The present suit appeared before the Court first on 06-09-2019 and senior counsel for the plaintiff pressed for ad-interim relief.
ALT Digital Media Entertainment Limitedįrom exploiting/using the plaintiff’s copyrighted works in the above-stated song.Ĭontentions in regard to the matter are as follows.In the present matter, plaintiff instituted the suit in respect to restraining the three defendants:
“Purport of laws relating to copyright and trademark is to prevent theft of intellectual property and a public element is also involved in preventing such thefts.” the sound recording and underlying musical and literary works in the song “Var Dhagala Lagli Kal” from the Marathi cinematograph film by its use in the song “Dhagala Lagli” to be released in the film “Dream Girl”, amounting to infringement and copyright works, stated that, while addressing a suit filed in respect to exploitation of copyrighted works i.e.
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