Inreco Entertainment Private Limited filed a suit against Bhikari Bal Foundation and others, claiming copyright infringement of the song “Sathi Pauti Bhoga”. The song was composed and sung by Bhikari Bal and written by Radhanath Das. The plaintiff relied on three agreements: one with Bhikari Bal in 1977, another in 1980, and one with the lyricist in 1979. These were said to assign all rights in the sound recording and underlying works to the plaintiff.<\/p>\n
The plaintiff alleged that the defendants uploaded the song on a digital platform without authorisation. An ad-interim injunction was initially granted but was later challenged by the defendants, who denied the validity of the assignments and raised several factual disputes.<\/p>\n
\u2022 Whether the plaintiff had validly acquired copyright in the song through assignment agreements.
\n\u2022 Whether the agreements were limited in duration or conferred permanent rights.
\n\u2022 Whether the failure to pay royalty disentitled the plaintiff from seeking injunction relief.
\n\u2022 Whether the allegation of forged signatures required further factual examination.<\/p>\n
\u2022 Claimed absolute copyright in the song based on three written assignments.
\n\u2022 Argued that the agreements covered all rights including performance and publication.
\n\u2022 Relied on historic releases and public identification of the company with the song.
\n\u2022 Denied any obligation to pay royalty under the agreements.<\/p>\n
\u2022 Contended that the 1977 and 1980 agreements were limited to the sale of records for two years.
\n\u2022 Alleged forgery of Bhikari Bal\u2019s signature and absence of any consideration or royalty payment.
\n\u2022 Asserted that the agreements did not cover digital use or non-physical formats.
\n\u2022 Submitted that the plaintiff\u2019s rights, if any, had expired due to non-performance.<\/p>\n
The court reviewed the three agreements and observed that:<\/p>\n
\u2022 The agreements imposed a positive obligation on the plaintiff to pay royalties and furnish sales statements, which the plaintiff had admittedly not complied with.
\n\u2022 The terms of the agreements were confined to physical records and did not contemplate digital or non-physical formats.
\n\u2022 There was no clarity that the song \u201cSathi Pauti Bhoga\u201d was specifically included or created under these agreements.
\n\u2022 Prima facie, the agreements were contracts of service with limited scope and duration.
\n\u2022 The allegation of forgery raised serious doubts and required trial.<\/p>\n
The court stated that non-fulfilment of material contractual obligations, such as payment of royalty, affected the enforceability of the claimed rights. It also said that copyright is a bundle of rights and failure to meet commercial terms may render an assignment incomplete.<\/p>\n
The court found that the plaintiff had not established a prima facie case of infringement. It vacated the ad-interim injunction granted earlier and dismissed the interim application. The court directed the parties to proceed to trial for resolution of factual disputes.<\/p>\n
Para 13: \u201cThe 1977 agreement is more in the nature of a contract of service\u2026 which included the obligation to make royalty payments.\u201d<\/p>\n
Para 15: \u201cThere is nothing to demonstrate that the petitioner even attempted to formalise or regularise or make any payment for exploitation by non-physical mediums.\u201d<\/p>\n
Para 17: \u201cThe petitioner has been unable to demonstrate that they have paid a single penny to Bhikari Bal or any of his heirs\u2026 the revenue sharing model as contemplated under the agreements has simply not been adhered to\u2026\u201d<\/p>\n
Para 19: \u201cThere is a serious dispute as to the ownership rights of the petitioner\u2026 the petitioner has been unable to establish any prima facie case of copyright infringement.\u201d<\/p><\/blockquote>\n
Case Citation<\/h5>\n
Inreco Entertainment Private Limited vs Bhikari Bal Foundation and Anr, IA No. GA\/1\/2023 in IP-COM\/51\/2024, Calcutta High Court, decided on 22 September 2025<\/p>\n