HC restrains hotels, pubs from playing music without license

Bombay High Court issues injunction against over 100 establishments in Maharashtra, preventing them from playing music without licenses from Novex and PPL.

Mumbai: The Bombay High Court, in a significant ruling, has issued an injunction against over 100 establishments, including hotels, pubs, and bars across Maharashtra, preventing them from publicly playing music from more than 400 music labels without obtaining proper licenses from Novex Communications Pvt. Ltd. and Phonographic Performance Ltd. (PPL).

HT Image

Novex and PPL, recognised as authorised agents for a majority of popular music in India, claimed rights to the music, with PPL holding performance rights for over 350 music labels and controlling millions of domestic and international sound recordings in various languages.

This ruling carries significance as it mandates a license for the public performance of songs assigned to these companies for commercial purposes, potentially affecting events like DG parties and other public gatherings.

The court’s decision stems from a 2022 petition by Novex and PPL seeking assistance to halt establishments from playing music without the necessary licenses. The petitioners, represented by senior advocates Darius Khambata and Ravi Kadam, assisted by advocate DP Singh, argued that, as assignees of the music, they possess the right to prevent such usage without proper licensing.

In response, establishments countered, claiming that neither Novex nor PPL are copyright societies, and only a copyright society can issue or grant licenses. They argued a distinction between licenses granted by the license owner and those by a society primarily engaged in license granting.

However, justice Riyaz Chagla’s bench dismissed this argument, stating that both PPL and Novex, as assignees of the copyright, do not need to be registered as copyright societies to conduct the business of granting licenses for their work. The court interpreted the relevant legislation, affirming that the Copyright Act empowers the owner to grant any interest in the copyright through a license, including conducting the business of licensing works in which they hold the copyright.