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2004 Supreme(Del) 446

H.R.MALHOTRA, DALVEER BHANDARI
SUPER CASSETTE INDUSTRIES LTD. – Appellant
Versus
ENTERTAINMENT NETWORK (INDIA) LTD. – Respondent


Advocates Appeared:
AMIT SIBBAL, Anusha, ARJUN PANT, DUSHYANT A.DAVE, HARISH SALVE, KAPIL SIBAL, Krishnendu Datta, M.SINGH, MINAKSHI GROVER, N.K.BHARDVAJ, RAJIV NAYAR, Ritika Anand

Dalveer Bhandari, J.

( 1 ) THIS appeal is directed against the order dated 20th October, 2003 passed by the Copyright Board at New Delhi in Case No. 10/2003. Appellant s main grievance is against the direction of the Copyright Board directing the Registrar of Copyrights to grant a compulsory license under Section 31 (1) (b) of the Copyrights Act, 1957.

( 2 ) IT is alleged that the appellant is one of the leading music companies engaged in the production and/or acquisition of rights in sound recordings. According to the appellant, through keen perception of ever changing consumer practices, infrastructural investment, technological upgradations and a skilled, cohesive work force, and an aggressive commitment towards quality, companies such as the appellant play a vital role in creating the music which then become available for the mass consumption.

( 3 ) ACCORDING to the appellant its most valuable asset is the copyrights in cinematographic films and sound recordings. The music of the appellant is either produced by the appellant at its own studios, or is acquired by way of assignments. It is alleged by the appellant that the songs produced and/or acquired by the appellant are sound

































































































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