Delhi HC Directs Pass Code, Owner Of Jamun and PCO, To Deposit 15 Lakhs To Use Songs Of PPL

Phonographic Performance Limited (PPL) has recently filed a copyright infringement suit before the Delhi High Court against Pass Code Hospitality Private Limited, the owner of popular restaurants chains Jamun and PCO, to restrain it from using the songs of PPL at its restaurant outlets. 

PPL claimed to be an owner of copyright in various sound recordings on the basis of the copyright assignment made in its favour and accordingly issues licenses under Section 30 of the Copyright Act. 

Passcode took the license for PPL’s copyrighted work in past, however, didn’t agree to renew the same on the rates increased by PPL and stated that there is 250% increase in the license fee, which is not reasonable nor legitimate. Passcode also raised the ground of Section 33 of the Copyright Act and submitted that PPL is not the registered copyright society. On which PPL submitted that the issue of Section 33 has already been settled by Delhi High Court and Bombay High Court. PPL also submitted that since it is an owner of copyright, it has the liberty to determine the rate of licences of its work.

After hearing the parties, the court observed that Passcode can only be permitted to use the PPL’s Songs, if Passcode deposits the license fee of 15 Lac before the Hon’ble Court, as an ad-hoc arrangement, for which PPL will give the Copyright License for 9 months from 4 November 2023 till 3 August 2024.

The order comes in wake of a string of orders being passed in favour of PPL and injunctions being awarded against large restaurant chains such as Tim Hortons, One8 Commune, Gola Sizzlers, etc.

Phonographic Performance Limited was represented by Mr Chander M Lall, Senior Advocate and Mr Anirudh Bakhru, Advocate along with the team of Khaitan & Co, led by partner Mr Ankur Sangal and comprising Ms Sucheta Roy, Principal Associate and Mr Raghu Vinayak Sinha, Senior Associate. 

Passcode was represented by Ms Swathi Sukumar, Advocate along with Mr S Santanam Swaminadhain.