IPRS VS YRF- LOOPHOLES IN A FLAWED COPYRIGHT AMENDMENT-CAUSE FOR ROYALTY DISPUTES
Anushree Rauta -1
On November 20, 2019 the media and entertainment industry woke up to the breaking news about FIR being filed by Economic Offences Wing (EOW) against one of India’s leading film studio and music label YRF (Yash Raj Films).
The news read as under:
“The Economic Offences Wing (EOW) of the Mumbai...
MADRAS HIGH COURT DECISION IN NOVEX VS DXC- WILL IT CHANGE THE WAY COPYRIGHT LICENSING BUSINESS IS CONDUCTED IN INDIA? IMPACT AND ANALYSIS (PART 1)
Anushree Rauta -
The Madras High Court in the case of Novex Communications Pvt. Ltd vs DXC Technology Pvt. Ltd & Anr has held that the business of issuing licenses in any work in which copyright subsists can only be done by a registered copyright society if the work is incorporated in...
Finally, it’s time when the court, as in the case of IPRS v. Eastern India Motion Pictures (1977 AIR 1443), will have to revisit the concept of copyright infringement in underlying musical works incorporated in a cinematographic film. The status quo however varies from the position back in 1977...
Performers rights conundrum – Patiala House Court, Delhi clarifies on several controversial issues
Anushree Rauta -
In June, 2018 there was an interesting judgement passed by the Patiala House Court, Delhi in relation to performers rights. A judgement which if relied on by any of the higher courts would be catastrophic for ISRA (Indian Singers Rights Association) and performers claiming right to receive royalties in...
Saregama has moved Delhi High Court against Mohalla Tech Private Limited, the holding company of the short video format platforms “Sharechat” and “Moj” alleging infringement of their copyright.
Last year, Saregama and Sharechat had inked a global licensing deal which enabled use of Saregama catalogue for social media experiences on...
IPRS MOVES BOMBAY HIGH COURT AGAINST USHODAYA ENTERPRISES WHICH RUNS THE RADIO CHANNEL EENADU FM
Anushree Rauta -
The Indian Performing Rights Society (IPRS) has filed a suit in the Bombay High Court against Ushodaya Enterprises Pvt. Ltd which runs the radio channel Eenadu FM/ EFM.
The order dated December 9, 2019 states that the Interim Application is made in a Commercial IP Suit based on the rights,...
PPL MOVES DELHI HIGH COURT AGAINST GOVERNMENT ORDER THAT REJECTED ITS RE- REGISTRATION APPLICATION
Harshil Dureja -
(This post has been co-authored by Harshil Dureja and Anushree Rauta)
Phonographic Performance Limited (PPL) (petitioner) is a collective rights organization licensing its members’ sound recordings for communication to public in the areas of public performance and radio broadcast. PPL owns and/or controls the Public Performance rights of some of...
UPDATE: IPRS VS ENIL- APPEAL FILED- DELHI HIGH COURT HOLDS THAT SINGLE BENCH DECISION NOT TO BE CITED AS A PRECEDENT IN ANY PROCEEDINGS UNTIL FURTHER ORDERS
Anushree Rauta -
In an appeal filed by IPRS before Delhi High Court against the single bench decision passed by Justice Endlaw on January 4, 2021, the division bench of Justice Manmohan and Justice Asha Menon on January 14, 2021 issued notice and held that until further orders, the single bench decision...
This article is written by Lokesh Vyas and Angad Makkar.
Background
On April 4, 2021, the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 (“the Tribunals Ordinance”) was promulgated which dissolved certain existing appellate bodies and transferred their functions (such as adjudication of appeals) to other existing judicial bodies. A...
Delhi High Court Upholds the Constitutionality of Rules Relating to Tariff Schemes of Copyright Societies Under the Copyright Rules, 2013
Anushree Rauta -
In a rather detailed judgment dated May 28th, 2018, a Division Bench of the Delhi High Court has upheld the constitutionality of certain provisions of the Copyright Rules, 2013 in the matter of Anand Bhushan & Ors. v. Union of India.
To give a brief background: In 2013, a writ petition was filed in...