Super Cassettes Industries Private Limited is engaged in the business of producing and promoting a diverse repertoire of content in the media and entertainment domain including films, music videos, music albums, sound recordings, etc. and holds copyright in the underlying literary works, i.e. lyrics, musical compositions, sound recordings, music videos, etc.Super Cassettes India, popularly known by its brand name, T-Series has approached the Delhi High Court seeking a permanent injunction against Roposo which is a short video entertainment web applicationto restrain it from infringingT-Series’ copyrighted works.
Roposo is owned by a Bangalore based technology company called InMobi. When India banned the Chinese app TikTok, Roposo became its most popular substitute, as it now has over 71 million downloads on Google Play Store.
T- Series claimed that Roposo has exploited its copyrighted work without any license, by actively modifying the music and offering it in its specially curated ‘Music Library’ and allowingusers to extract the music from their devices and upload it onto the app in exchange for cash rewards.
Whereas Roposo stated that it had created a music library that contains popular music including songs in which T-Series had the copyright and when T- Series issued a notice against it, it took down a substantial portion of the infringing content, extracting and effects tools, which allegedly infringed the T-Series’ copyright. Roposo also requested the Court to grant it 2daysfor discussions with T-Series and ensuring compliances accordingly. The Court granted 2days after which Roposo submitted an affidavit stating that majority of the compliances sought by T-series have been carried out by it. It stated that its mobile application does not permit uploading of any songs from on the user's device.
Roposo filed this affidavit without prejudice to its rights and contentions or admission of any liability. The Court held that relief of ad-interim injunction sought by T-Series cannot be granted without hearing the parties on the application and that it would not be appropriate to pass an ad-interim injunction of a sweeping nature as sought by T-Series. The Court further held that Roposo is bound by its affidavit until the application is decided and adjourned the matter to 15th September, 2020.