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SANJEEV NARULA
Entertainment Network India Limited – Appellant
Versus
Phonographic Performance Limited India – Respondent
JUDGMENT :
SANJEEV NARULA, J.
I.A. 11026/2021 in C.O.(COMM.IPD-CR) 3/2021, I.A. 11349/2021 in C.O.(COMM.IPD-CR) 6/2021, I.A. 11361/2021 in C.O.(COMM.IPD-CR) 7/2021, I.A. 11364/2021 in C.O.(COMM.IPD-CR) 8/2021, I.A. 11367/2021 in C.O.(COMM.IPD-CR) 9/2021, I.A. 11370/2021 in C.O.(COMM.IPD-CR) 10/2021, I.A. 11373/2021 in C.O.(COMM.IPD-CR) 11/2021, I.A. 11384/2021 in C.O.(COMM.IPD-CR) 12/2021, I.A. 11387/2021 in C.O.(COMM.IPD-CR) 13/2021; (u/S. 151 of the Code of Civil Procedure, 1908, (‘CPC’) seeking interim relief allowing the Petitioners to continue making payments at the license fee rates fixed by the IPAB vide order dated 31st December 2020, pending determination of license fee rate in the present proceedings), and
I.A. 11409/2021 in C.O.(COMM.IPD-CR) 14/2021 (u/S. 151 of the CPC seeking interim order for maintaining status quo in respect of the payment of royalty for broadcast of sound recordings by the Petitioner as per the rates determined by IPAB Order dated 31st December 2020 till revised statutory licence royalty rate for broadcast of sound recordings through radio are dete
The Court has the jurisdiction to fix interim rates under Section 31D of the Copyright Act, 1957.
The Plaintiff cannot issue licenses for sound recordings without being a registered Copyright Society as per Section 33 of the Copyright Act, 1957.
Section 31 of the Copyright Act permits compulsory licensing if a copyright owner refuses unreasonable terms, thereby balancing creator rights with public interest.
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....
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