IPRS VS ENIL: DELHI HIGH COURT DECISION- DEATH TO MUSIC PUBLISHING ROYALTIES IN INDIA? [READ JUDGEMENT]
Anushree Rauta -1
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 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...
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....
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...
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...
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...
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...
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...
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...
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...