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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...
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...
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...
(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...
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...
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...
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...
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...
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...
I am delighted to announce  that we at IPRMENTLAW are conducting for the first time ever, the biggest virtual roundtable conference on June 21, 2020 at 4.30pm on the occasion of the Copyright Amendment Act, 2012 completing eight years, topic being ‘Need to revamp the Copyright Act?’. In 2010, I...