T-Series copyright infringement case: Delhi HC restrains Goldmines Telefilms from uploading songs of 14 films

The matter is next listed on September 11.

T-Series contended that it is India’s leading music production company, owning copyrights to a vast collection of songs. Its grievance was against the defendant, M/s Goldmines Telefilms Private Limited, which had uploaded YouTube videos of audio-visual songs from the films mentioned in the main lawsuit. Among the 14 films whose songs were allegedly uploaded on YouTube include Diljale, Main Aisa Hi Hoon, Vaastav, and Bees Saal Baad.

T-Series claimed that it had acquired and owns prior assignment deeds in respect of audio-visual works, including the literary, artistic, dramatic, and musical works, as also the cinematograph films for the songs, and that Goldmines Telefilms does not have the rights to authorise the uploading of these songs from the suit films on YouTube.

Goldmines Telefilms argued that it had obtained assignments of rights in these cinematograph films from the producers of the suit films or parties linked to them. Thus, it is entitled to exploit the said audio-visual songs as well. Goldmines Telefilms also submitted that while it enjoys rights that can be traced back to the producer, the T-Series agreements do not trace back to the actual producer.

T-Series said that the assignments of audio-visual works are prior in time, and therefore, the producers would not have the right to assign the rights that have already been assigned to T-Series to Goldmines Telefilms.

Justice Singh framed two questions for consideration in the matter, asking “whether the plaintiff (T Series) holds exclusive rights in the audiovisual songs of the suit films, and if so, to what extent and whether the defendant (Goldmines), has the right to exploit the audio-visual songs which are a part of cinematograph films, independently, on YouTube and other platforms”.

“Clearly, these are issues that would require the court to analyse each of the assignment deeds qua each of the suit films for both sides, and then pass appropriate orders,” the high court noted. The high court thereafter issued notice in the application for interim injunction moved by T-Series in the main lawsuit and asked Goldmines Telefilms to file its response in two weeks.

In its main lawsuit, T-Series has sought a permanent injunction restraining Goldmines Telefilms from infringing its copyright in the former’s sound recordings, cinematograph films (to the extent they cover audiovisual songs), musical works embodied in the sound recordings, and audiovisual songs. The high court also issued a summons in the suit to Goldmines Telefilms asking it to file its written statement.