Court orders defendants to cease unauthorized use and disclose revenue from the song's exploitation
In a significant ruling, the Delhi High Court has granted an ex-parte ad-interim injunction to Ivy Entertainment Private Limited, preventing several defendants from infringing on the copyright of the popular song "Bachpan Ka Pyar". The decision, delivered by Justice Tushar Rao Gedela, underscores the court's commitment to protecting intellectual property rights in the digital age.
The plaintiff, Ivy Entertainment, claimed ownership of the song and its distinctive hook line through a series of agreements and contracts with the original creators and Meshwa Electronics. They alleged that the defendants were unlawfully using the song and its hook line across various YouTube channels without authorization, resulting in significant financial losses and unjust enrichment for the defendants.
The court, upon reviewing the evidence, found a prima facie case in favor of Ivy Entertainment. The plaintiff demonstrated ownership of the intellectual property rights through substantial documentary evidence and had not licensed or permitted any third party to exploit the song or its elements.
Justice Gedela noted that the defendants' unauthorized use of the song constituted a clear infringement of the plaintiff's rights under the Copyright Act, 1957. The court directed the defendants to immediately cease any infringing activities and disclose any revenue generated from the exploitation of the song on their platforms.
This decision highlights the legal challenges faced by content creators and rights holders in combating digital piracy and protecting their works from unauthorized use. The court's order also emphasizes the need for compliance with intellectual property laws to ensure fair compensation for original creators and rights holders.
The case will continue to be monitored, with the next court date set for October 21, 2026, to assess compliance and further proceedings.
Bottom line:-
Copyright infringement - Prima facie case established for plaintiff's copyright ownership over song titled "Bachpan Ka Pyar" and hook line "jaane meri janeman baccpan ka pyar bhool nahi jaana re...." - Ex-parte ad-interim injunction granted against defendants to restrain them from infringing plaintiff's intellectual property rights.
Statutory provision(s): Copyright Act, 1957, Civil Procedure Code, 1908 Order XXXIX Rules 1 & 2, Commercial Courts Act, 2015 Section 12A
Ivy Entertainment Private Limited v. Rahul Singh, (Delhi) : Law Finder Doc id # 2901071
