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M. S. KARNIK, VALMIKI MENEZES
Phonographic Performance Limited – Appellant
Versus
State of Goa – Respondent
JUDGMENT :
M.S. KARNIK, J.
1. The issues raised in the petitions are decided by a common judgment. We refer to the facts in Writ Petition No. 253 of 2024.
2. The petitioner Phonographic Performance Limited in this petition under Article 226 of the Constitution of India seeks quashing and setting aside the impugned Circular dated 30.01.2024 issued by respondent No. 1.
3. The petitioner is a company registered under the Companies Act, 1956. The petitioner is one of the foremost organisations in the world which provides a ‘single window’ for consumers to get access to the petitioner’s voluminous repertoire and was originally known as the Indian Phonographic Industry (IPI). The petitioner owns and/or controls the public performance rights of 400+ music labels, with more than 40 lakh international and domestic sound recordings. The petitioner is the copyright owner of the public performance rights in the sound recordings in its repertoire on the basis of assignment of the relevant copyrights in its favour by music labels who have assigned/licensed the said right. These assignors of the petitioner have executed an assignment deed under Section 18 of the Copyright Act, 1957 (Copyright Act for
The court established that executive actions cannot expand statutory provisions beyond their intended scope, particularly in copyright law, which requires careful interpretation.
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....
Section 31 of the Copyright Act permits compulsory licensing if a copyright owner refuses unreasonable terms, thereby balancing creator rights with public interest.
The proviso to Section 60 of the Copyright Act applies when a separate suit is filed by the alleged infringer after the copyright owner has filed a suit. In such cases, the action under Section 60 te....
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 central legal point established in the judgment is the requirement of valid registration under Section 33 of the Copyright Act for a copyright society to issue a public performance license, and t....
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