Musicians denied rights from radio broadcasts

0
1203
LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link

Ruling in Indian Performing Rights Society Ltd v Aditya Pandey & Ors, a division bench of Delhi High Court held on 8 May that radio stations that broadcast or communicate sound recordings need pay royalty to only the owner of the sound recording and not the owner of the lyrics or the musical works that have been incorporated into it.

In arriving at this judgment the court relied on the Copyright Act, 1957, as amended by the Copyright (Amendment) Act, 1994. The Copyright (Amendment) Act, 2012, which recently came into effect, will have a bearing in adjudicating future disputes in this area as it provides that copyrights held by lyricists and musicians cannot be assigned to producers, as was the practice until now.

Sitar_vintageNoting that a recorded song “is the result of the merger of the creative talent” of the lyricist, the composer and the singer, the judgment said that the Copyright Act, 1957, “requires it to be held that creating of a sound recording is through the simultaneous integration of the differentiated and … the integrated whole”. When the sound recording is broadcast to the public “it is an exercise of the ownership right on its own strength”.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员

已有集团订阅,可点击此处继续浏览。
如对集团订阅感兴趣,请联络我们

The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.

LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link