The Supreme Court of India has temporarily suspended a decision by the Calcutta High Court that required hotels to secure copyright licenses for playing music through cable TV in guest rooms. This interim order was passed by Justices KV Viswanathan and Arun Palli in response to an appeal from Hotel Appolo and Tours Private Limited, located in Darjeeling.
The case involves the Indian Performing Right Society (IPRS), which argued that hotels must pay royalties for copyrighted music played via cable television, even if the cable operator has already obtained a license from the copyright holder. On August 4, the Calcutta High Court sided with IPRS, ruling that such use constitutes commercial exploitation, thereby obligating hotels to pay royalties.
Hotel Appolo, represented by advocate Yashwant Singh, contested this decision, arguing that it does not operate any venues where music is played, such as discotheques or banquet halls. Instead, it provides cable TV to guest rooms through licensed operators, similar to many other hotels in India. The hotel argued that it should not be required to secure a separate license from IPRS since it already pays subscription fees to cable operators who hold broadcast rights.
The legal battle began in 2023 when IPRS filed a lawsuit against the hotel, claiming copyright infringement for broadcasting its members’ works without a license. Initially, the District Judge in Darjeeling did not grant IPRS interim relief, prompting an appeal to the High Court, which led to the August 4 ruling in IPRS’s favor.
In its plea to the Supreme Court, the hotel argued that the High Court’s decision, if left unchallenged, would unfairly restrict the fundamental rights of hotels, guest houses, and similar establishments under Article 19(1)(g) of the Indian Constitution. The hotel’s petition also claimed that the High Court overstepped its jurisdiction by making a final determination of contested rights instead of reviewing the district court’s refusal to grant interim relief.
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The hotel further contended that the High Court’s ruling effectively resolved the main issue of copyright infringement without a trial, which contradicts established judicial precedents that discourage such determinations at the stage of temporary injunctions. The petition highlighted that if this ruling were enforced, the hotel might have to discontinue cable TV services in guest rooms or pay substantial royalties—a situation it has resisted since 2017.
Representing the hotel in court were Senior Advocate Neeraj Kishan Kaul and a legal team including advocates Yashwant Singh, Harshit Anand, Ira Mahajan, Rohan Poddar, and Amogh Bansal. The Supreme Court has issued a notice seeking a response from IPRS, and the case continues to await further deliberation.
