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 -2
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...
Copyright Societies are as good as “Owners” when it comes to issuing licenses: Another one bites the dust
Akshat Agrawal -
As recently as on 24th January, 2024, the Bombay High Court, has passed a detailed judgment in the batch of Novex Communications Private Ltd. v. Trade Wings Hotels Limited and connected matters, holding Novex Communications as well as Phonographic Performance Limited (PPL) to be entities, that can act as...
GOVERNMENT CALLS FOR TWO BACK TO BACK MEETINGS TO DISCUSS ISSUES RELATING TO COPYRIGHT SOCIETIES
Anushree Rauta -
The last week of 2019 saw some action from the Government’s end on an otherwise neglected sector.
The Ministry of Commerce and Industry through Department for promotion of Industry and Internal Trade vide its notice dated December 24, 2019 called for a meeting in Delhi on December 27, 2019.
The invitees...
The clarification given in Novex Communications Pvt Ltd. v. Trade Wings Hotels Limited, that owners of sound recordings can issue licenses without registering as a copyright society, is significant as it has created a lot of momentum in the music licensing space in India. Various entities, engaged in the...
On November 20, 2019 the media and entertainment industry woke up to the breaking news about FIR being filed by Economic Offences Wing (EOW) against one of India’s leading film studio and music label YRF (Yash Raj Films).
The news read as under:
“The Economic Offences Wing (EOW) of the Mumbai...
BREAKING: DELHI HIGH COURT REVIVES PPL’S APPLICATION FOR REGISTRATION AS A COPYRIGHT SOCIETY, SETS ASIDE RMPL’S REGISTRATION [READ ORDER]
Anushree Rauta -
In the writ petitions filed by Phonographic Performance Limited for setting aside (i) the order dated 25 May 2021 passed by the Government rejecting the application filed by PPL for re-registration as a copyright society and (ii) certificate of registration dated 18 June 2021 granted to Recorded Music Performance...
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...
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...
RMPL vs PPL: DELHI HIGH COURT AS A PRO-TEM MEASURE REINSTATES RMPL AS A COPYRIGHT SOCIETY FOR SOUND RECORDINGS WHILE AT THE SAME TIME DIRECTING GOVERNMENT TO CONSIDER PPL’S...
Anushree Rauta -
Delhi High Court vide its order dated April 11, 2022 granted relief to both RMPL and PPL in their conflict over registration as a copyright society. The Court has granted, as a pro tem measure, a stay on the decision of the single judge order to the extent that...