Popular rapper and Punjabi singer Bohemia has been restrained from making any sound recording, music videos, or carrying out any performances “without the prior written approval” from Saga Music Private Limited” according to an interim order by the Delhi High Court in the matter pertaining to a lawsuit filed by the company.
In an interim order, a single judge bench of Justice Anish Dayal also prohibited the rapper from posting, uploading, sharing or publishing any “defamatory, disparaging or malicious and misleading post” against Saga Music on any social media or digital platform.
The bench said Saga Music had made out a “prima facie case” for ex-parte ad-interim relief, the balance of convenience is in the plaintiff’s favour and irreparable damage will be caused in case certain directions are not passed in favour of the company.
According to Saga, it has been claimed that the company and the singer-songwriter had an exclusive talent engagement agreement in 2019 as per which Bohemia would be exclusively engaged with Saga Music for “45 months” and during this term “sing, perform, act for plaintiff only and not for any third parties throughout the world”.
Senior advocate Akhil Sibal who is presenting the case on behalf of the music company argued as per the agreement any performance anywhere in the world by Bohemia would be managed by Saga Music and the revenue would be distributed between the parties as agreed. He argued Bohemia had agreed Saga Music “would be the sole and exclusive owner of the intellectual property rights including copyright in the songs and performances which were performed during the term of the agreement”.
The HC took note of the lawsuit which stated that Bohemia “failed to abide by terms and conditions of the agreement and failed to make any performance or deliver any sound recordings or visual recording” to Saga Music despite an advance payment having been made to the former.
