The owner of a cinematograph film, which includes the sound track, is the author of the film and the first owner of the copyright in the film, including the sound track, in the absence of an agreement to the contrary. A composer of music who participates in the production of a film for valuable consideration does not acquire any copyright in the music unless there is a contract to the contrary.

( 1 ) THIS is an appeal under Section 72 (2) of the Copyright Act, 1957 from a decision or order of the Copyright Board dated the 16th May, 1973. Section 2 (r) defines a 'performing right society'. It means a society, association or other body, whether incorporated or not, which carries on business in India of issuing or granting licences for the performance in India of any works in which copyright subsists. The Indian Performing Right Society Ltd. (hereinafter referred to as IPRS) has been incorporated in terms of the provisions of the Act. On September 27, 1969 and on November 29, 1969, the IPRS has published in the Statesman and the Gazette of India respectively a tariff laying down the fees, charges and royalties that it proposes to collect for the grant of licences for performance in public of works in respect of which it claims to have authority to grant such licences. The producers of cinematograph films who claimed to be owners of the respective films including the sound track thereof raised objections to the imposition of the proposed tariff. They are the appellants before us. Their contention is that they are the first copyright-holders of the cinematograph films including the musical work contained in the sound track. The IPRS contends on the other hand that the composers of lyric and music are its members. The IPRS is the assignee from them of the copyright in these works. And anyone performing them in public can only do so under and in accordance with a licence granted by the IPRS for which the fees, charges and royalties laid down in the tariff have to be paid.

( 2 ) THE dispute, in the instant case is confined, therefore, to the sound track in a cinematograph film. The case of the IPRS is that the copyright in the musical works incorporated in the sound track of a cinematograph film vests in the composers of lyric and music. When that musical work is performed in public the composers are entitled to a fee or royalty in that behalf. And since the IPRS is the assignee of the copyright from the composers it has the right to collect that fee or royalty.

( 3 ) THE main question, therefore, is whether the composers of lyric and music, in fact, have a copyright in the musical works incorporated In the sound track of a cinematograph film.

( 4 ) THE Copyright Board has expressed the view that in the absence of proof the composers of lyric and music retained the copyright in their musical works provided that such musical works were printed or written and that they could always assign the performing right in public to the IPRS. The Board has held, in view of its conclusion aforesaid, that it has jurisdiction to deal with the tariff published by the IPRS which is entitled to the fees and royalties specified therein. The Board has held further that the IPRS has the right to grant a licence for the public performance of the said music in the sound track of a cinematograph film and can collect fees, royalties and charges in respect of those films with effect from the date on which the tariff was published in the Gazette of India.

( 5 ) TO test the correctness of the decision or order of the Copyright Board it would be necessary to go through various provisions of the Copyright Act, 1957. At one stage of the hearing before us of this appeal it was suggested that the Copyright Board had no jurisdiction to determine the disputes that arose between the parties; but this argument was not ultimately pressed by counsel for any of the parties and we proceed to express our views on the merits of the controversy indicated above.

( 6 ) SECTION 2 of the Copyright Act, 1957, is the section on interpretations. Section 2 (d) defines an author. An 'author' means in relation to a cinematograph film, the owner of the film at the time of its completion : vide Section 2 (d) (v ). The 'work' en which a copyright exists has been defined in clause (y) of Section 2. This clause is as follows:--"'work' means any of the