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2016 Supreme(Mad) 754

SANJAY KISHAN KAUL, M.M.SUNDRESH
South Indian Music Companies Association – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the petitioner: Mr. M.V.Swaroop
For the Respondents: Mr. G. Rajagopal, Mr.Su.Srinivasan,

JUDGMENT :

M. M. Sundresh, J.

The petitioner association, having its members consisting of various music companies spreading over southern part of Peninsula, has laid a challenge to the provisions contained in Sections 11, 12, 31 and 31-D of the Copyright Act, 1957, Rule 3 of the Copyright Rules, 2013, Copyright Board Salaries and Allowances and other terms and conditions of service of the Chairman and other Members Rules, 2014 and the constitution of the Search cum Selection Committee meant for its recommendations for appointment of members of the Copyright Board, being violative of Articles 14, 19(1)(g), 21, 50, 245 and 300-A of the Constitution of India with a specific emphasis of the basic structure enunciated therein.

2. Heard Mr. M.V.Swaroop, learned counsel appearing for the petitioner and Mr.G. Rajagopal, learned Additional Solicitor General appearing for the respondents, assisted by Mr. Su. Srinivasan, Assistant Solicitor General.

Provisions of the Copyright Act, 1957:

3. With the onset of advanced means of communications like broadcasting, litho–photography, etc., it was felt that the then existing Copyright Act introduced in 1914 requires a fresh look. Thus, the need qua


































































































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