MUMBAI — The Bombay High Court has granted an ad-interim injunction in favor of Phonographic Performance Limited (PPL India) against Star Health and Allied Insurance Company Limited, restraining the insurer from publicly performing or communicating sound recordings licensed by PPL India without authorization.
The order was passed in Phonographic Performance Limited v. Star Health and Allied Insurance Company Limited. The court recorded that Star Health had previously obtained public performance licences from PPL India for earlier events. According to the order, this prior licensing amounted to a prima facie admission of PPL India’s copyright ownership. The court observed that the failure to obtain a licence for the event in question constituted infringement.
The High Court accepted documentary and video evidence submitted by PPL India showing continued public communication of sound recordings at Star Health’s premises despite the absence of a valid licence. The court held that under the Copyright Act, 1957, PPL India has the exclusive right to license public performance of its sound recording repertoire and to restrain unauthorized communication to the public.
The injunction forms part of a series of enforcement actions initiated by PPL India against unlicensed use of copyrighted sound recordings. In recent months, the organization has pursued legal proceedings involving establishments such as Avadh Club, V-Mart, Espire Hospitality Limited, and Grand Arsh. In a related contempt matter concerning Grand Arsh, the Bombay High Court issued a bailable warrant against the proprietors for non-compliance with judicial directions.
The court’s order underscores that establishments publicly communicating sound recordings are required to obtain a valid public performance licence, failing which such use may amount to infringement under the Copyright Act, 1957.
