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MANISH PITALE
Indian Performing Right Society Limited – Appellant
Versus
Rajasthan Patrika Pvt. Ltd. – Respondent
JUDGMENT :
1. The plaintiff - Indian Performing Right Society Limited (IPRS) has approached this Court seeking interim reliefs against the defendants in these suits, primarily on the ground that amendments brought into effect from 21.06.2012 in the Copyright Act, 1957, have completely changed the legal framework concerning the rights of authors of original literary, dramatic, musical and artistic works. It is the case of the plaintiff – IPRS, that being a society registered under the provisions of the Copyright Act, it is espousing the cause of such authors of original works, who were earlier deprived of their rightful claims, but now they have become entitled to claim royalties on each occasion that their original works are utilized and in the facts of the present cases, on each occasion when a sound recording is communicated to the public by the defendants. It is relevant to mention here that the defendants are companies engaged in the business of operating FM Radio Broadcast Channels. The plaintiff - IPRS claims that the amendments brought into effect from 21.06.2012 in the Copyright Act have the effect of calling upon the Court to consider granting interim reliefs, without bein
Commercial exploitation of musical works incorporated in sound recordings requires a valid license from copyright societies, affirming authors' rights to royalties under amended Copyright Act provisi....
The communication to the public of underlying literary and musical works as part of sound recording, under authorization/licence from owner of the copyright in the sound recording, does not require a....
The Court has the jurisdiction to fix interim rates under Section 31D of the Copyright Act, 1957.
The main legal point established in the judgment is the absolute and indefinite assignment of sound recording rights in cinematograph films, granting the appellant exclusive rights to play, use, and ....
The court established that executive actions cannot expand statutory provisions beyond their intended scope, particularly in copyright law, which requires careful interpretation.
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