SUPER CASSETTES INDUSTRIES LTD

vs CHINTAMANI RAO

AND

YASH RAJ FILMS LTD vs INDIA TV

(Judgment given on 11.11.11)

By-
Sub-Group – 4
FACTS
 Copyright of certain songs and audio-visuals with Super
Cassettes.

 India TV broadcasted these without authorization on its shows

‘India Beats’, ‘Star aur Style’, ‘Chat Masala’, ‘Fashion ki Dhoom’,
‘Tum Jiyo Hazaron Saal’.

 Yashraj Films claims that the song ‘kajra re’ was used to promote
one of its shows by India TV.

 These were repeated throughout the day over a period of few

months.

 Two notices sent to the defendant, but got no reply.

ISSUES
 Whether a permanent injunction may be granted to
restrain the defendant from exploiting any
cinematographic films, sound recordings, literary works,
or musical works in which the plaintiff owns the copyright?

 Whether sound recordings and cinematographic films can

be a subject matter of fair dealing for the purpose of
review or criticism under section 52(1)(a) or reporting of
current events under section 52(1)(b) ?
LAWS INVOLVED
COPYRIGHT ACT 1957
 S.14 - Definition
 S.30 - License given by owners
 S.37 - Broadcast reproduction rights
 S.51 - Infringement
 S.52 - Not infringement if there is ‘fair dealing’

CONSTITUTION OF INDIA 1950

 Article 19(1)(a) – Right to freedom of speech and expression
 Article 19(2) - Restrictions

CPC 1908
 Order 39, Rule 1 & 2 - Injunctions
JUDGMENT & ORDER
 India TV is restrained from engaging in themselves or
authorizing public performance, reproduction, recording,
distributing, broadcasting, publishing or otherwise exploiting
any films or sound recordings or part thereof that is owned
by Super Cassettes.

 India TV is also restrained from distributing, broadcasting,

publishing or in any other way exploiting any film, sound
recordings or part thereof that is owned by Yash Raj Films.

 Super Cassettes & Yashraj Films are entitled to costs

quantified at Rs 2 Lakhs each. Must be paid within 1 month.
ANALYSIS & CONCLUSION
Judgment holds good due to following reasons-

 In line with the Copyright Act, where the cinematograph films and sound
recordings have been expressly omitted from the purview of the Sections
52(1)(a) and 52(1)(b).

 Copyright (Amendment) Bill, 2010 is yet to be enacted. Unless it is enacted, it

cannot be incorporated into the principal Act.

 International treaties can only be used when there is vacuum in domestic law.

 Use resorted by India TV does not amount to fair use as it was basically for
commercial purposes and not to criticise or review the work.

 Grant of interim injunction and balance of convenience was also in favour of

the plaintiffs, who would have suffered an irreparable loss.
THANK YOU !