The recent legal battle between Shemaroo Entertainment Pvt Ltd and T-Series regarding copyright infringement ended with the Bombay High Court refusing to grant interim relief to Shemaroo. In the case of Shemaroo Entertainment Ltd. v. Super Cassettes Industries Ltd., Shemaroo had accused T-Series of publishing audio-visuals of film songs on its YouTube channel, which Shemaroo claimed to hold the copyright for.
However, Justice Manish Pitale stated that Shemaroo failed to establish a prima facie case in its favor. The court found that Shemaroo did not present sufficient evidence to prove its claims and therefore dismissed its application for a temporary injunction.
Shemaroo contended that it was the absolute owner of the copyright over the films and audio-visual songs based on agreements executed in its favor by various entities. It argued that all rights had been assigned to it by the original owners/producers through these agreements.
In contrast, T-Series claimed to have obtained rights through agreements executed in its favor by the original producers/owners. It asserted that even the original producers had not objected to T-Series exploiting the audio-visuals of the songs from the films.
T-Series claimed that between 1985 and 1990, assignment deeds were executed in its favor for certain films mentioned in the suit. Shemaroo, however, disputed this, asserting that only audio rights were assigned to T-Series. Shemaroo claimed that between 2004 and 2016, various producers of films executed assignment deeds in its favor, granting sole, exclusive, and absolute ownership of the films, including negative rights.
Shemaroo issued a cease and desist notice to T-Series, seeking an amicable resolution to the disputes. However, Shemaroo alleged that T-Series continued to exploit the works in which it claimed exclusive copyright, leading to the filing of the present suit and the request for an urgent restraining order against T-Series.
The court concluded that Shemaroo failed to present a strong prima facie case for an interim injunction, even if it possessed an assignment deed stating that it had exclusive copyrights. It also stated that it would not delve into the interpretation of various clauses in favor of the plaintiff.
Representing Shemaroo were Senior Advocate Sharan Jagtiani, along with Advocates Hiren Kamod, Mahesh Mahadgut, Prem Khullar, Poonam Teddu, Siddharth Joshi, and Kaivalya Shetye. Senior Advocate Ravi Kadam, along with Advocates Harsh Kaushik, Abhilisha Nautiyal, Zahra Padamsee, and Kyle Curry, briefed by Vashi and Vashi, appeared for T-Series. Advocates Amit Jamsandekar and Nayan Mahar, briefed by Khaitan Legal Associates, appeared for B4U.
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TAGS: Keywords: Bombay High Court interim relief copyright infringement Shemaroo Entertainment Pvt Ltd T-Series Shemaroo Entertainment Ltd. v. Super Cassettes Industries Ltd. YouTube channel audio-visuals film songs copyright prima facie case Justice Manish Pitale agreements original owners/producers assignment deeds exclusive ownership cease and desist notice amicable resolution temporary injunction Senior Advocate Sharan Jagtiani Advocates Hiren Kamod Mahesh Mahadgut Prem Khullar Poonam Teddu Siddharth Joshi Kaivalya Shetye Senior Advocate Ravi Kadam Advocates Harsh Kaushik Abhilisha Nautiyal Zahra Padamsee Kyle Curry Advocates Amit Jamsandekar Nayan Mahar Khaitan Legal Associates B4U.
