Judgment

JASWANT SINGH, J. - This appeal by certificate granted under Art. 133 (1) of the Constitution by the High Court of Judicature at Calcutta which is directed against its judgment dated February 13, 1974, raises the following substantial question of law of general importance:-

"Whether in view of the provisions of the Copyright Act, 1957, an existing and future right of music ..........composer, lyricist is capable of assignment and whether the producer of a cinematograph film can defeat the same by engaging the same person."

2. The facts giving rise to the appeal are: The Indian Performing Right Society Ltd. (hereinafter referred to for the sake of brevity as the IPRS), the appellant before us, was incorporated in the State of Maharashtra on August 23 1969, as a company limited by guarantee, for the purpose of carrying on business in India of issuing or granting licences for performance in public of all existing and future Indian Musical works in which copyright subsists in India. The incorporation of the IPRS was in terms of S. 2(r) of the Copy right Act, 1957 (Act 14 of 1957) (hereinafter referred to as the Act) which was enacted after taking into consideration the Report of