Delhi HC Restrains Virat Kohli's One8 Commune From Playing Copyrighted Songs

The Delhi High Court has recently issued an interim order restraining One8 Commune, a restaurant and cafe chain owned by cricketer Virat Kohli, from playing songs in which Phonographic Performance Ltd. holds copyrights. PPL has alleged that One8 Commune played copyrighted recordings without obtaining the necessary licence.

In response, One8 Commune assured the court that they would not play any copyrighted recordings without obtaining a licence from PPL. The plaintiff claimed that the list of recordings under their copyright is available on their website. This dispute is not the first of its kind, as similar cases have previously come before the court.

The court observed that the plaintiff, as the copyright owner, has the right to control the use of its recordings, especially when used for commercial benefit. Therefore, playing these recordings without a licence constitutes copyright infringement.

The court noted that copyright infringement in music recordings, unlike trademark infringement, may occur in closed spaces, making it challenging for the plaintiff to detect unless brought to their attention.

Considering the continued infringement, the court rejected the idea of pre-litigation mediation and emphasised the plaintiff's entitlement to urgent relief to prevent further copyright violations.

The case is scheduled to be presented before the Joint Registrar (Judicial) on Jan. 15, 2024. During this time, the parties involved will finalise the pleadings, formally admit or deny the presented documents, and mark any necessary exhibits. Following this stage, the case will proceed to a case management hearing before the court, where the court will plan and manage the future proceedings of the case.