COURTKUTCHEHRY SPECIAL ON MUSICS’ COPYRIGHT LAWS IN HOSPITALITY INDUSTRY
Bombay High Court Bars Restaurants from Playing Copyrighted Songs Without License
Court says restaurants must obtain PPL license before using copyrighted sound recordings
Interim order covers 94 outlets: unauthorized use amounts to copyright infringement
By Our Legal Correspondent
New Delhi: January 05, 2026:
In a significant ruling on intellectual property rights, the Bombay High Court has restrained two restaurant chains operating nearly 94 outlets across India from playing copyrighted songs belonging to Phonographic Performance Limited (PPL) without obtaining a valid license. The interim order, delivered by Justice Sharmila U. Deshmukh in December 2025, underscores the importance of respecting copyright laws in the hospitality industry.
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The Bombay High Court has restrained two restaurant chains operating 94 outlets from playing copyrighted songs belonging to Phonographic Performance Limited (PPL) without obtaining a valid license. The Court found a prima facie case of copyright infringement and emphasized that unauthorized use of music causes financial loss to copyright holders.
The Court observed that the defendants failed to demonstrate any legal entitlement to broadcast PPL’s copyrighted sound recordings. It held that continued unauthorized use of music would cause financial loss to PPL, thereby justifying interim protection.
Background of the Case
- Phonographic Performance Limited (PPL) is a copyright society that represents music labels and owners of sound recordings.
- PPL filed suits against restaurant operators Trinetra Venture and Anoor Par, alleging unauthorized use of its copyrighted repertoire.
- The restaurants were playing popular songs in their outlets without securing licenses from PPL.
- The Court found a prima facie case of infringement, restraining the restaurants from further unauthorized use.
Court’s Observations
- No Legal Entitlement
- The defendants failed to show any lawful entitlement to broadcast PPL’s copyrighted sound recordings.
- The Court noted that affidavits filed by PPL established infringement.
- Financial Loss to Copyright Holders
- Unauthorized use of music causes direct financial loss to copyright owners.
- The Court emphasized that copyright protection is essential to safeguard the interests of artists and music producers.
- Interim Protection Justified
- The Court granted interim relief to PPL, restraining the restaurants until final adjudication.
- It observed that infringement claims supported by sworn affidavits cannot be ignored.
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Wider Legal Context
- Copyright Act, 1957: Grants exclusive rights to owners of sound recordings, including the right to communicate works to the public.
- Section 30 of the Act: Allows copyright owners to grant licenses for use of their works.
- Past Bombay HC rulings: Courts have previously upheld the rights of PPL and Novex Communications, confirming their ability to enforce copyright even without being registered as societies under the Act.
Why This Judgment Matters
- Hospitality industry impact: Restaurants, bars, and cafes must ensure they obtain proper licenses before playing music.
- Strengthens copyright enforcement: Reinforces the principle that unauthorized public performance of music is infringement.
- Protects artists and producers: Ensures that music creators and rights holders receive fair compensation.
- Sets precedent: Provides clarity for future disputes involving copyright societies and commercial establishments.
Industry Reactions
Legal experts and copyright advocates welcomed the ruling, noting that:
- It will deter restaurants and event organizers from bypassing licensing requirements.
- It strengthens India’s copyright regime, aligning with global standards.
- It protects the commercial value of music, ensuring fair remuneration for rights holders.
Conclusion
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The Bombay High Court’s ruling is a milestone in copyright enforcement, making it clear that restaurants cannot play copyrighted songs without a valid license. By restraining 94 outlets from unauthorized use, the Court has reinforced the importance of respecting intellectual property rights in commercial spaces.
This judgment serves as a reminder to the hospitality industry that music is not free for public performance and that licenses must be obtained to avoid infringement. It also strengthens the position of copyright societies like PPL, ensuring that artists and producers are fairly compensated for their work.
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