NEW DELHI: T-Series has been awarded a compensation of Rs 16,20,000 by Delhi High Court in a recent copyright infringement case against Rewari-based cable operator HRCN Cable Network.
The Court also restrained the operator from distributing or broadcasting films or sound recordings that are owned by the production house and record label T-Series.
T-Series alleged that HRCN had 15,000 subscriptions and the subscription rate of T-Series per account is charged at Rs 18 per month. Therefore, T-Series argued that it has sustained a loss of Rs 16,20,000 (Rs 18 on 15,000 subscriptions for a period of six months).
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The Court rejected the pleas of T-Series for punitive and conversion damages. The court said, ” the reasoning that “one function of punitive damages is to relieve the pressure on an overloaded system of criminal justice by providing a civil alternative to criminal prosecution of minor crimes” is plainly wrong because where the law provides that a crime is committed, it indicates the punishment. No statute authorizes the punishment of anyone for a libel – or infringement of trademark with a huge monetary fine-which goes not to the public exchequer, but to private coffers. Moreover, penalties and offences wherever prescribed require the prosecution to prove them without reasonable doubt. Therefore, to say that civil alternative to an overloaded criminal justice system is in public interest would be in fact to sanction violation of the law.”
