Copyright of song "Sathi Pauti Bhoga" - Petitioner failed to establish prima facie case of copyright infringement
Calcutta High Court Dismisses Copyright Infringement Claim by Inreco Entertainment. Ad Interim Relief Vacated in Dispute Over Odissi Devotional Song "Sathi Pauti Bhoga"
In a significant judgment delivered on September 22, 2025, the Calcutta High Court dismissed the copyright infringement claim filed by Inreco Entertainment Private Limited against Bhikari Bal Foundation and others regarding the ownership rights of the song "Sathi Pauti Bhoga." The court, presided over by Justice Ravi Krishan Kapur, vacated the ad interim relief previously granted to the petitioner, concluding that Inreco Entertainment failed to establish a prima facie case of copyright infringement.
The dispute revolved around agreements purportedly executed between Inreco Entertainment and the creators of the song, Bhikari Bal and Radhanath Das, dating back to the late 1970s and early 1980s. Inreco Entertainment claimed ownership of the sound recording and literary, musical, and other underlying rights of the song based on these agreements. However, the court found that the agreements were temporal in nature, confined to records, and imposed obligations on the petitioner, including payment of royalties.
Justice Kapur noted that the petitioner did not adhere to the obligations outlined in the agreements, such as the payment of royalties and compliance with a revenue-sharing model. Furthermore, the agreements were limited in duration, and Inreco Entertainment could not demonstrate any perpetual or unconditional rights to exploit the song beyond the specified term. The court also highlighted discrepancies in the signatures on the agreements, raising issues of forgery and fraud that necessitate further examination at trial.
The judgment emphasized the necessity of interpreting the agreements as a whole, considering the conduct of the parties and their adherence to the terms outlined. The court pointed out that the petitioner had not fulfilled the fundamental obligations of paying royalties and providing half-yearly sales statements, which were crucial under the agreements.
Inreco Entertainment's reliance on previous judgments was deemed inapplicable by the court, as the disputes in those cases differed significantly from the present case. The court observed that the petitioner's failure to demonstrate any payment of royalties or compliance with the agreements undermined its claim to ownership rights.
Ultimately, the Calcutta High Court concluded that Inreco Entertainment had not established a prima facie case of copyright infringement, and the ad interim relief granted on July 12, 2023, was vacated. Both parties were directed to take expeditious steps for the hearing of the suit, with no order as to costs.
The judgment highlights the complexities involved in copyright disputes and underscores the importance of adhering to contractual obligations and demonstrating compliance with the terms of agreements.
Bottom Line:
Copyright law - Dispute regarding ownership rights of petitioner in copyright of song "Sathi Pauti Bhoga" - Petitioner failed to establish prima facie case of copyright infringement - Ad interim relief vacated.
Statutory provision(s): Copyright Act, 1957 Section 17, Copyright Act, 1957 Section 2(d)(vi), Contract Law
