Authority: Calcutta High Court, Commercial Division

Order Date: 04 August 2026

Case Overview

  • Parties: Indian Performing Right Society Limited (plaintiff) vs Hotel Appolo & Tours Private Limited (defendant).
  • Appeal: FMA 322 of 2025 challenging Order No.18 dated 20 September 2024 of the District Judge, Darjeeling, which denied a temporary injunction under Order XXXIX Rules 1 & 2 of the CPC.
  • Plaintiff’s Claim: Unauthorised “communication to the public” of its members’ literary and musical works via cable‑TV sets in hotel rooms, without a licence under the Copyright Act, 1957. Sought permanent and interim injunctions, accounting of illicit profits, and damages of Rs 9,00,000.
  • Defendant’s Argument: Only subscribed to cable services; the cable operator held the broadcast licence; the hotel’s use did not amount to “communication to the public” under Section 2(ff) of the Copyright Act.
  • Legal Analysis: The Court examined statutory definitions – Section 2(dd) (broadcast), Section 2(ff) (communication to the public), Section 30 (licence), Sections 51 and 52 (infringement and exceptions). It referenced precedents: Supercassette Industries Ltd. v. Nirula Corner House (2008), Vodafone Idea Ltd. v. Indian Performing Right Society Ltd. (2026), and discussed the distinction between broadcasting rights and copyright. The Court concluded that the hotel’s provision of copyrighted works to guests constituted commercial exploitation and infringement under Section 51.

Final Outcome

  • The appellate court set aside the trial court’s order and allowed the application under Order XXXIX Rules 1 & 2 read with Section 151 CPC, granting the interim injunction (prayers a and b) restraining the hotel from unauthorised public performance and from communicating the works without paying royalties.
  • The appeal was allowed; no order as to costs was made; any connected applications were disposed of.

Topics: Copyright Infringement, Hotel Industry, Judicial Relief