Madras High Court has restrained the web site musicindiaonline.com from illegal downloading of copyrighted Indian classical music
M/s. Charsur Digital Workstation, based in Alwarpet, Chennai, the copyright owner of an enviable repertoire of Carnatic music, got a court injunction against what it said was 'unlawful download of Carnatic music' by M/a. ASV Cybersoutions.Inc.
The company filed a civil suit against M/s. ASV Cybersolutions Inc., for infringement of copyright of sound recordings and sought damages. M/s. ASV has a website www.musicindiaonline.com through which music recordings of Charsur are made available through internet for free download, making copies and even selling them.
Charsur alleged that by use of their sound recordings in the website and by offering free download, ASV has infringed the copyright of Charsur. Charsur also told the court that by offering free download, musicindiaonline.com has brought down the sale of cassettes and compact discs of the Charsur titles in India and abroad, which has caused enormous damages.
The Madras High Court has, by an order of interim injunction, restrained ASV Cybersolutions from using, making available or in any manner dealing with the titles of Charsur by authorising free download of the titles through their website www.musicindiaonline.com.
Charsur's lawyers say that for the first time, an Indian court has recognized copyright in Carnatic music rendered by leading artistes and has restrained illegal downloading, uploading, unauthorized distribution of copyrighted musical works.
In the current internet scenario wherein piracy has become rampant and has assured new routes, this judgment of Madras High Court is a landmark.
Charsur's partner Charulatha said that she hoped rasikas round the world did not download copyrighted music.