Back
RAVI KRISHAN KAPUR
Vodafone Idea Limited – Appellant
Versus
Saregama India Limited – Respondent
JUDGMENT :
RAVI KRISHAN KAPUR, J.
1. All these suits and applications have a common theme and by consent of the parties were heard analogously.
2. Vodafone India Ltd. (Vodafone) is carrying on business of providing telecommunication services. In providing such services, Vodafone also offers its customers Value Added Services (VAS) inter alia in the form of pre-recorded Caller Ring Back Tone (CRBT) whereby any caller may select songs for personal listening or as caller tunes.
3. Saregama India Ltd. (Saregama) is a company incorporated under the provisions of the Companies Act, 1956 engaged in the manufacture, sale and publication of sound recordings including digital downloads which include both film and non-film songs.
4. Indian Performing Right Society (IPRS) is a company duly incorporated under the Companies Act, 2013 and is a copyright society within the meaning of section 33 of the COPYRIGHT ACT , 1957 (the Act). IPRS is also a non-profit body primarily established to protect and enforce the rights, interests and privileges of its members comprising of authors of original works, music composers and publishers associated with such works. Briefly, IPRS accepts from an author or owne
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 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 has the jurisdiction to fix interim rates under Section 31D of the Copyright Act, 1957.
Court allows continuation of previously established statutory licensing rates for sound recordings during litigation, emphasizing the necessity of maintaining status quo pending final rate determinat....
The main legal point established in the judgment is the requirement for a strong prima facie case and balance of convenience for obtaining an interlocutory injunction in copyright infringement cases.....
The Court emphasized the importance of a strong prima facie case and balance of convenience for obtaining an interlocutory injunction. It also highlighted the need for specific and valid copyright as....
The Plaintiff cannot issue licenses for sound recordings without being a registered Copyright Society as per Section 33 of the Copyright Act, 1957.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
