Mumbai: The Bombay High Court has accepted an assurance from Lulu International Shopping Malls Pvt. Ltd. that it will obtain a license from Phonographic Performance Limited (PPL) before using copyrighted sound recordings at events held on its premises. Justice Riyaz Chagla accepted the company’s assurance.
PPL had filed a commercial suit against Lulu International Shopping Malls, alleging unauthorized use of its copyrighted songs at events since 2022 without paying the requisite license fees. PPL’s counsel Sharan Jagtiani sought a restraining order against the mall and its associated properties for copyright infringement.
In its defense, the mall assured the court that it would secure a license from PPL before communicating any sound recordings to the public during its events, except those expressly exempted under Section 52 of the Copyright Act. Additionally, the mall committed to ensuring that third-party organisers of events at its premises obtain the necessary licenses from PPL before playing copyrighted songs.
Justice Chagla, in an order on December 5, said: “The learned counsel appearing for Defendant No.1 states on instructions that without prejudice to Defendant No.1’s rights and contentions in the suit, Defendant No.1 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, obtain a license from the Plaintiff at the tariff published on the Plaintiff’s website.”
The order further clarified that for third-party events, “the Defendant No.1 shall permit the sound recordings, for which the Plaintiff claims copyright, to be communicated to the public only after such third party obtains a license.”
The license fees paid by the mall, if any, will be subject to the final outcome of the suit. The court accepted the statements as undertakings and disposed of PPL’s interim application, with the mall required to adhere to its commitments.
