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2021 Supreme(Del) 35

RAJIV SAHAI ENDLAW
Indian Performing Right Society Ltd. – Appellant
Versus
Entertainment Network (India) Ltd. – Respondent


Advocate Appeared:
For the Appellant :Dayan Krishnan, Sr. Advocate, Himanshu Bagai, Anu Bagai, Akaashi Lodha, Sanjeev, Neeraj K. Gupta, Advocates.
For the Respondent:Sandeep Sethi, Sr. Advocate, Ashish Verma, Prachi Johri, Aditya Gupta, Shagun Trisal, Advocates.

JUDGMENT :

1. CS(OS) No.666/2006 was filed, on or about 22nd April, 2006, by the plaintiff The Indian Performing Right Society Limited (IPRS), pleading that, (i) the plaintiff is a company limited by guarantee and registered under the Companies Act, 1956 and also registered as a Copyright Society under Section 33 of the Copyright Act, 1957; (ii) the plaintiff was established to monitor, protect and enforce the rights, interests and privileges of its members, comprising of authors, composers and publishers of literary and/or musical works, who are owners of copyright in their literary and musical works; (iii) the plaintiff is the sole representative body of composers, authors and publishers of literary and musical works in India; (iv) after the amendment of the year 1994 of the Copyright Act, the plaintiff was re-registered as a Society under Section 33(3) of the Act, authorizing the plaintiff IPRS to carry on copyright business in literary and musical works; (v) the members of the plaintiff comprise of authors, composers and publishers of Indian literary and musical works, and have executed deeds of assignment, assigning their public performing rights in respect of the literary and/

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