Ahmedabad: Novex communications Pvt Ltd. who claims to be the assignee and licensee of the sound recordings belonging to the production houses YRF films and Zee music had filed a suit against the Coconut Media Box LLP on 20/02/2016 for Permanent injunction against the Copyright infringement for restraining Coconut Media Box LLP from conducting a live event for performance of Singer Shreya Ghoshal on 26th Feb 2017.

The Novex Ltd claimed that they held the Copyrights over the sound recording of the songs of several films of YRF and Zee music and hence they were entitled to license fee from the organizers of the event i.e. Coconut Media LLP as the singer was supposed to sing the songs claimed by Novex. Novex Ltd obtained the ex parte injunction (stay) from the Commercial court Ahmedabad on the paying or performing of the songs claimed by them, in the event. The said order was passed on 20/02/2017.

The Coconut Media Box LLP thus sought an Appeal on the order of Commercial Court before the Gujarat High Court wherein the bench of Chief Justice Subhash R Reddy and Honble Justice V M Pancholi by considering the urgency of the matter placed the appeal on board on 24/02/2017 which was a holiday on account of Mahashivratri. The High court was kept open on Friday specifically for deciding the above matter. For Coconut Media Box LLP the appellant, Senior Council Mr Kamla Trivedi and Advocate Jatin Y Trivedi appeared before the two judge bench and contended that the singer of the live event or performance possesses a special and exclusive rights called “ Performers Rights” which are over and above the Copyright held by the producer and under the provisions of Copyright Act, 1957 (2012 Amendment Act) the performer rights enables a performer to enjoy royalty for the performance made in live event without liability of paying any royalty to the producer or licensee of the song.

For Novex Pvt Ltd, Senior Counsel Mr Sudhir Nanavati with Advocate Samrat Mehta contested the said appeal and argued that they are authorized agents of YRF and Zee music and as the live event includes playing of the song held by Novex, a license fee was required to be paid to Novex Ltd. The court after hearing both the parties suspended the ex parte interim injunction (stay).

Hence the Live concert of Shreya Ghoshal will be held on 26th Feb without any interference as per the order of the High Court of Gujarat.