NLSIU- IMI Roundtable Communiqué
September 26, 2019
The NLSIU-IMI Roundtable on Unlocking Fair Value to Stakeholders took place in National Law School of India University (“NLSIU”) on September 5, 2019.
The Roundtable consisted of stakeholders from the Media and Entertainment industry in India, including esteemed experts from International Federation of the Phonographic...
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...
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...
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...
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...
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....
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...
IPRS vs VODAFONE: Vodafone Liable To Pay Royalties To Authors, For Use of Literary and Musical Works
Savan Dhameliya -
Introduction
The case of The Indian Performing Right Society Ltd v. Vodafone Idea Ltd., is a significant ruling for the music industry containing critical aspects of the rights of authors to receive royalties, and particularly concerning the use of literary and musical works in telecommunications.
The Calcutta High Court, in its...
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...
(This post is co-authored with Sneha Jain, Partner, Saikrishna & Associates)
Having first considered the question of whether storing copyrightable works for training purposes is reproduction that amounts to copyright infringement under Section 51 of the Indian Copyright Act, 1957, in this second post of this series we will specifically...