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Synopsis

The Delhi High Court recently issued an interim order, restraining the restaurant/café chain One8 Commune, owned by Virat Kohli, from playing songs copyrighted by Phonographic Performance Limited (PPL).

The bench of Justice C. Hari Shankar ruled that the order would be in effect until the next hearing, emphasizing that One8 Commune cannot play PPL's songs without obtaining the necessary license.

The court's order stated, "Till the next date of hearing, the defendants as well as all others acting on their behalf shall stand restrained from playing any of the recordings forming the subject matter of the plaintiff’s copyright and figuring on the website https://www.pplindia.org/songs, without obtaining a prior license from the plaintiff."

Phonographic Performance Limited (PPL) initiated a copyright infringement suit against One8 Commune, seeking to prevent the use of PPL's songs at the chain's restaurants and cafés. PPL alleged that One8 Commune played its songs without the required copyright license, despite receiving a legal notice on the matter. However, One8 Commune failed to comply with the terms outlined in the legal notice.

One8 Commune's legal representation provided an undertaking to the court, assuring that they would refrain from playing PPL's copyrighted recordings without obtaining the appropriate license.

Justice Hari Shankar acknowledged this undertaking, highlighting that, prima facie, the legal position was clear. Since PPL owns the copyright to the recordings, playing those recordings without a license is impermissible for any other party, court held.

Consequently, the court proceeded to issue the interim order, emphasizing the importance of compliance with copyright licensing regulations.

Case Title: Phonographic Performance Limited v. Cornerstone Sport and Entertainment Private Limited & Ors.