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2023 Supreme(Online)(Bom) 1087
HIGH COURT OF BOMBAY
MANISH PITALE, J
Indian Performing Right Society Limited – Appellant
Versus
Rajasthan Patrika Pvt. Ltd. – Respondent
INTERIM APPLICATION (L) NO.9452 OF 2022 IN COMMERCIAL IP SUIT NO.193 OF 2022 | INTERIM APPLICATION NO.1213 OF 2022 IN COMMERCIAL IP SUIT NO.84 OF 2022
For the Appellants/Petitioners: Mr. Ravi Kadam, Mr. Ashish Kamat, Mr. Rohan Kadam, Mr. Himanshu Bagai, Mr. Thomas George, Ms. Tanvi Sinha, Mr. Navankur Pathak, Ms. Neeti Nihal, Ms. Roma Liya
For the Respondents: Mr. Abhishek Malhotra, Ms. Sapna Chaurasia, Mr. Darshit Jain, Dr. Virendra Tulzapurkar, Mr. Hiren Kamod, Mr.Rahul P. Jain
The amendments to the Copyright Act, effective from 21.06.2012, substantially enhance the rights of authors to claim royalties for public uses of their works, overriding previous legal interpretations that limited such claims.
Headnote:(A) Copyright Act, 1957 - Amendments effective from 21.06.2012 - The court analyzed the impact of the amendments on the rights of authors of literary and musical works, establishing that the amendments substantially altered the legal landscape concerning rights to royalties. Previous interpretations were overridden by provisions allowing authors to claim royalties for public uses of their works, even when embedded in sound recordings and cinematograph films. The court emphasized that the need for legislative change arose from the need to protect the interests of authors against prior decisions that limited their rights. (Paras 1-70)
(B) Interim Relief - Justification for interim injunctions against defendants engaging in public performances without requisite payments for royalties - The plaintiff successfully argued that the amendments to the Copyright Act enhanced its position to demand royalties, thus justifying the injunctions against the defendants for unauthorized communication of its repertoire. (Paras 66-68)
Facts of the case:
The Indian Performing Right Society Limited sought interim reliefs against the defendants (Rajasthan Patrika Pvt. Ltd. and Music Broadcast Ltd.) for non-payment of royalties related to the communication of sound recordings. The plaintiff claimed the recent amendments to the Copyright Act necessitated a reassessment of previous legal interpretations regarding authors' rights. (Paras 1-3)
Findings of Court:
The plaintiff is entitled to collect royalties for the public communication of sound recordings, as per the amended provisions of the Copyright Act, allowing for interim reliefs against the defendants. (Paras 66-70)
Issues: Whether the amendments to the Copyright Act have altered the legal landscape for authors regarding their rights to royalties when their works are utilized in sound recordings and communicated to the public. (Para 18)
Ratio Decidendi: The court concluded that the amendments facilitated a substantive legal change, enabling authors to assert rights to royalties that were previously limited by earlier interpretations. This legislative shift was crucial for protecting authors and ensuring they receive fair compensation for their works. (Paras 42-46)
Result: Interim reliefs granted in favor of the plaintiff, prohibiting defendants from unauthorized public performance of the plaintiff's repertoire without payment of royalties.
| Table of Content |
|---|
| 1. overview of the factual background of the case. (Para 1 , 4 , 5 , 6 , 7) |
| 2. contrasting legal arguments between the parties. (Para 2 , 15 , 16) |
| 3. court analysis of legislative amendments. (Para 18 , 19 , 24) |
| 4. recognition of new rights under the copyright act amendments. (Para 35 , 42 , 46) |
| 5. interim reliefs granted to the applicant. (Para 66 , 67 , 68) |
JUDGEMENT :
. The plaintiff - Indian Performing Right Society Limited (IPRS) has approached this Court seeking interim reliefs against the defendants in these suits, primarily on the ground that amendments brought into effect from 21.06.2012 in the Copyright Act, 1957 , have completely changed the legal framework concerning the rights of authors of original literary, dramatic, musical and artistic works. It is the case of the plaintiff – IPRS, that being a society registered under the provisions of the Copyright Act, it is espousing the cause of such authors of original works, who were earlier deprived of their rightful claims, but now they have become entitled to claim royalties on each occasion that their original works are utilized and in the facts of the present cases, on each occasion when a sound recording is communicated to the public by the defendants. It is relevant to mention here that the defendants are companies engaged in the business of operating FM Radio Broadcast Channels. The plaintiff - IPRS claims that the amendments brought into effect from 21.06.2012 in the Copyright Act have the effect of calling upon the Court to consider granting interim reliefs, without being influenced by a series of judgements and orders of the Supreme Court and various High Courts, concerning identical claims raised prior to the amendment of the Copyright Act.
2. The defendants, on the other hand, submit that the amendments are merely clarificatory in nature, re-enforcing the well settled position of law. It is specifically submitted that Sections 13 and 14 of the Copyright Act pertaining to ‘works in which copyright subsists’ and ‘meaning of copyright’ have not been amended in the year 2012, thereby indicating that amendments in other provisions would not grant any new substantive right to the authors of the original works, whose cause the plaintiff - IPRS claims to espouse.
3. In order to appreciate the rival contentions, it would be appropriate to refer to the facts in brief.
FACTS IN BRIEF
4. The plaintiff - IPRS was incorporated as a company in the year 1969, with the object of protecting and enforcing rights, interests and privileges of authors, composers and publishers, who were its members, particularly in relation to the literary and musical works. The defendant in Commercial IP Suit No.193 of 2022 i.e. Rajasthan Patrika Private Limited was incorporated as a private limited company in the year 1974. It is engaged in the business of operating FM Radio Broadcast Channels, including the channel ‘Radio Tadka’.
5. In the year 1996, the plaintiff - IPRS was granted a certificate of registration under Section 33 of the Copyright Act by the Registrar of Copyrights, authorizing it to carry on copyright business in literary and musical works. In the year 1999, the defendant in Commercial IP Suit No.84 of 2022 i.e. Music Broadcast Private Limited was incorporated as a company. It is engaged in the business of operating FM Radio Broadcast Channels, including the channel ‘Radio City FM’. The said defendant Music Broadcast Private Limited entered into a licence agreement with the plaintiff - IPRS on 11.06.2001 for utilization of the repertoire of literary and musical works of the plaintiff as a part of its FM radio broadcast from the radio station ‘Radio City FM’. Similarly, the defendant - Rajasthan Patrika Private Limited also entered into such agreement on 17.07.2006 with the plaintiff - IPRS for broadcasting from the radio station ‘Radio Tadka’. On 25.08.2010, the erstwhile Copyright Board of India set a compulsory licence fee to be paid by the radio broadcasters in a proc
