The Calcutta High Court has held that a hotel cannot rely solely on the cable connection obtained from a cable operator to commercially provide copyrighted literary and musical works to its guests through televisions installed in hotel rooms.
A Division Bench of Justice Md. Shabbar Rashidi and Justice Debangsu Basak observed that the use of such content by a hotel for the benefit of its paying guests can amount to “communication to the public” and commercial exploitation under the Copyright Act, 1957.
The Court was hearing an appeal filed by the Indian Performing Right Society Limited (IPRS) against an order refusing temporary injunction against Hotel Appolo & Tours Private Limited.
Background Of The Case
IPRS claimed rights in literary and musical works assigned by its members. It alleged that the hotel was making these works available to guests through television sets installed in individual rooms using cable connections, without obtaining a licence from IPRS or paying the required royalties.
The hotel, however, argued that it had already paid cable connection charges to the cable operator. According to the hotel, the cable operator possessed the necessary broadcasting rights and therefore a second licence or royalty payment was not required.
The District Judge, Darjeeling rejected IPRS's application for temporary injunction on September 20, 2024, holding, among other things, that broadcasting rights were distinct and that the plaintiff had not established a prima facie case at that stage.
IPRS challenged that order before the High Court.
Court's Observation
The Division Bench examined the definitions of “broadcast” and “communication to the public” under the Copyright Act. The Court particularly noted that the statutory explanation treats communication through cable to residential rooms of a hotel as communication to the public.
The Bench also considered the definition of a “subscriber” under the Cable Television Networks (Regulation) Act. It noted that a subscriber receives cable signals without further transmitting them to another person.
In the present case, however, the cable services obtained by the hotel were intended for its guests. The Court observed that the services were therefore being used by persons other than the subscriber itself.
The Court further relied on Section 52(1)(k) of the Copyright Act, which distinguishes hotels from residential premises while dealing with certain acts that do not constitute infringement. The Bench noted that television services provided to paying hotel guests were additional facilities that added commercial value to the hotel business.
“The respondent was commercially utilizing the literary and musical works,” the Bench held, finding that the circumstances made out a strong prima facie case in favour of IPRS.
Decision
The Calcutta High Court set aside the District Judge's order and allowed IPRS's application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure.
The Court directed that the hotel be restrained in terms of the prayers seeking to prevent public performance or communication to the public of the relevant literary and musical works without the required licence and statutory royalty.
The appeal, FMA 322 of 2025, was accordingly allowed, with no order as to costs.
Case Details
Case Title: The Indian Performing Right Society Limited v. Hotel Appolo & Tours Private Limited
Case Number: FMA 322 of 2025
Judge: Justice Md. Shabbar Rashidi and Justice Debangsu Basak
Decision Date: August 4, 2026
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