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Delhi High Court passes interim order restraining restaurant owned by Virat Kohli from playing songs over copyright

An interim order has been passed by the Delhi High Court restraining the restaurant owned by Virat Kohli from playing songs in which Phonographic Performance Limited (PPL) holds the copyright.

The bench of Justice C Hari Shankar said that the order will remain in force till the next date of hearing and One8 Commune cannot play PPL’s songs without obtaining a license.

As per the last order,the court said that the next date of hearing, the defendants as well as all other acting on their behalf shall stand restrained from playing any of the recordings forming subject matter of the plaintiff’s copyright and figuring on the website without obtaining a prior license from the plaintiff.

The copyright infringement suit was filed by PPL against One8 Commune to restrain it from using the songs of PPL at its restaurants/cafes.

The order said that the One8 Commune was playing its songs at its restaurants/cafes without any copyright license and a legal notice in this regard was issued to them. However, One8 Commune never complied with the terms of the legal notice.   

The counsel of One8 Commune gave an undertaking to the Court for not playing  copyrighted recording of PPL without obtaining a license.

The bench of Justice Hari Shankar stated that the position of law is prima facie clear and since PPL is the owner of copyright in the recordings, it is not permissible for anyone else to play those recordings without license.

The Bench then proceeded to pass an interim order.

Phonographic Performance Limited was represented by Senior Advocate Chander M Lall along with the team of Khaitan & Co led by Partner Ankur Sangal and comprising Principal Associate Sucheta Roy and Associates Raghu Vinayak Sinha and Shaurya Pandey. 

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