IPRS VS ENIL: DELHI HIGH COURT DECISION- DEATH TO MUSIC PUBLISHING ROYALTIES IN INDIA? [READ JUDGEMENT]
Anushree Rauta -0
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...
AIFCC FILES APPLICATION FOR REGISTRATION AS A COPYRIGHT SOCIETY FOR ALL UNDERLYING WORKS IN A CINEMATOGRAPH FILM/ SOUND RECORDING
Anushree Rauta -
The Copyright Office vide public notice dated October 27, 2021, notified that the All India Film Chamber of Commerce (AIFCC) has filed an application for registration as a copyright society under Section 33 of the Copyright Act, 1957 for carrying out business of issuing or granting license in respect...
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 -
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...
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...
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...
The Copyright Amendment Act, 2012 came into effect on June 21, 2012. As our beloved Copyright Amendment Act, 2012 turns six today, here is what our industry experts have to say:
Ashish Chandra, Director - Technology & Transactions, Netflix India*-
“These were very progressive and forward-looking amendments at that time....
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...
PARLIAMENTARY STANDING COMMITTEE ON COMMERCE RECOMMENDS AMENDMENT TO SECTION 31D TO INCORPORATE INTERNET/ DIGITAL BROADCASTING: LEVEL PLAYING FIELD OR DISRUPTION?
Anushree Rauta -
The Department related Parliamentary Standing Committee on Commerce submitted its 161st Report on Review of the Intellectual Property Regime in India. Read report here.
The Committee has recommended to amend Section 31D of the Copyright Act, 1957 for incorporating ‘internet or digital broadcasters’ under statutory license in wake of the...
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...
Lahari Recording Company challenges Section 31 (1)(b) and 31D of the Copyright Act before Supreme Court
Anushree Rauta -
Lahari Recording Company has challenged Section 31(1)(b) and 31D of the Copyright Act, 1957 before the Supreme Court by filing a petition under Article 32 of the Constitution. The Supreme Court vide order dated July 13, 2018 has issued notice in the matter. The matter is tentatively listed on...