COPYRIGHT AND THE “BUSINESS OF ISSUING LICENSES”: IP’S LEVIATHAN FROM INDIA- Analysis of the Madras HC judgment in Novex Communications Pvt. Ltd. v. DXC Technology and ors.
Akshat Agrawal -2
In a very interesting precedent from the Madras High Court, M/s Novex Communications Pvt. Ltd., a company which sometimes acts as an “agent” and sometimes “owner” of the right to “on ground performances” of the catalogues of several music labels (contracts available on its website here), has lost its...
(Please Note: The issues and arguments presented here are for academic discussion. They do not reflect any personal stance or opinion of IPRMENTLAW).
Recently in Dipak Ranjan Mukherjee v. Ministry of Commerce & Industry certain information was requested under the Right to Information Act, 2005, regarding compliance records, government letters...
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...
DELHI HIGH COURT RULES IN FAVOUR OF T SERIES & SAREGAMA IN COPYRIGHT INFRINGEMENT CASE AGAINST RADIO BROADCASTERS FOR VIOLATION OF RULE 29 OF COPYRIGHT RULES [READ JUDGEMENT]
Anushree Rauta -
T Series and Saregama had filed independent copyright infringement suits against several radio broadcasters for violating the provisions under Rule 29 of the Copyright Rules, 2013 while invoking their statutory license in furtherance of the IPAB judgement dated 31st December 2020.
The Delhi High Court vide its order dated 9th...
BREAKING: GOVERNMENT PROPOSES TO AMEND THE COPYRIGHT RULES, 2013 SEEKS TO BRING ALL MODES OF BROADCAST WITHIN THE AMBIT OF STATUTORY LICENSING PROVISIONS [READ DRAFT RULES]
Anushree Rauta -
The Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade) has notified on May 30, 2019 the proposed amendments to the Copyright Rules, 2013 (“Proposed Rules”) in exercise of its powers conferred under Section 78 of the Copyright Act, 1957. The Ministry has sought objections...
IPRS VS ENIL: DELHI HIGH COURT DECISION- DEATH TO MUSIC PUBLISHING ROYALTIES IN INDIA? [READ JUDGEMENT]
Anushree Rauta -
The end of 2020 and beginning of 2021 saw two landmark decisions which would change the face of music industry in India, the first one being of IPAB’s decision on radio royalties in the first statutory licensing case (Music Broadcast Limited vs Tips Industries Limited & Ors) under Section...
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...
SONY MUSIC GETS AD-INTERIM RELIEF FROM BOMBAY HIGH COURT AGAINST KAL RADIO OVER COPYRIGHT INFRINGEMENT AND VIOLATION OF STATUTORY LICENSING PROVISIONS
Anushree Rauta -
In a copyright infringement suit filed by Sony Music, Bombay High Court has granted an ad-interim injunction in favour of Sony Music against KAL Radio thereby restraining them from broadcasting / communicating the content of Sony Music (Indian and International repertoire) on its FM radio stations, without complying the...
A decade ago on this very day, the Copyright Amendment Act of 2012 came into effect. This amendment brought with it some sea changes which changed the landscape of the way the media and entertainment industry especially the music industry was functioning. As we celebrate the tenth year of...
RE-WRITING OF RULES ON STATUTORY LICENSE MANDATING PRIOR NOTICE BY MADRAS HIGH COURT
Pranita Saboo -
Introduction:
The concept of statutory licensing was introduced in the Copyright Act vide the 2012 amendments, however, it received its actual opportunity of practical application in 2020, after the applications for statutory licensing of sound recordings were filed by the radio broadcasters before the IPAB.
The order dated 31.12.2020 passed by...