sound recording Archives

Latest Copyright Cases in 2022 – Part 1

This running post provides a summary of the latest Copyright cases decided by courts in India in 2022: Samir Kasal v. Prashant Mehta & Ors. The Plaintiff conceptualized a cricket league format titled ‘Legends Premier League’ wherein famous retired cricket players would play a Test format of cricket. The details about the same were provided to Defendant No. 2 in a strictly confidential manner. However, the Defendants decided to organize ‘Legends League Cricket’ without the Plaintiff’s consent which led him to…

January 22, 2022 BananaIP Reporter Case Study, Copyrights, Intellectual Property 0Comment 3415Views 3Likes

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Delhi High Court invites suggestions for fixing royalties for sound recording

The High Court of Delhi has issued a public notice on 10th November, 2021, with respect to the intention of the IP Division to fix/revise royalties as mandated under Section 31D of the Copyright Act, 1957. The notice invites suggestions from interested persons, in writing along with necessary evidence, to be submitted within 30 days (by 10th December, 2021). The suggestions may be e-mailed to ipd-copyright@dhc.nic.in A copy of the notice is available here: http://delhihighcourt.nic.in/writereaddata/Upload/PublicNotices/PublicNotice_SIGLWQIP4Z3.PDF The notice reads as follows: PUBLIC NOTICE "Reg: C.O.(COMM.IPD-CR)…

November 11, 2021 BananaIP Reporter Copyrights, Intellectual Property 0Comment 1332Views 0Like

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Latest Copyright Cases – 2021 – Part 6

Mrs. Sellappapa Keeran v. S. Vijayaraghavan & Anr The Plaintiff, Mrs. Sellappapa Keeran, wife of late Pulavar Keeran, a famous religious Hindu preacher and historian, sought a declaration from the Madras High Court that she was the rightful owner of the copyright of her husband’s works. She also filed for an injunction against the Defendants, asking them to surrender all master tapes containing original recordings of the speeches, lectures and discourses and in any other form like cassettes or CDs. …

November 10, 2021 BananaIP Reporter Case Study, Copyrights, Intellectual Property 0Comment 2606Views 0Like

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Would Licensing a Sound Recording Call For Separate License From the Lyricist and Composer?

This post was last published on May 15th, 2012. The case ruling in IPRS v. Aditya Pandey came as a huge loss to the music composers and lyricists of the industry. It was held that no separate license was required from the copyright owner of literary and musical work (lyricist and composer) that embody a sound recording. A brief overview of the facts are as follows- The appellant, Indian Performing Right Society Ltd. (IPRS - for short) is a Copyright…

February 24, 2019 BananaIP Reporter Copyrights, Intellectual Property 0Comment 875Views 0Like

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The featured image shows a mic in a sound recording studio. To read more about this, click here. Entertainment Law and Copyrights: Sound Recording, Literary & Musical Works and Right to Royalty – Part 3

Sound Recording, Literary & Musical Works and Right to Royalty – Part 4

Continued from Part 3, read part by clicking here. Conclusion Reiterating that said earlier, sound recording consists of the acoustic portion including a lyric or a musical work despite which underlying works do not lose their existence upon a sound recording being made but remain exclusively mutual. However, the anomaly of the provision of the Act that grants the authors of musical & literary work and authors of sound recording the right to communicate to public their work has questioned the…

May 6, 2017 BananaIP Reporter Copyrights, Intellectual Property 0Comment 1361Views 0Like

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Sound Recording, Literary & Musical Works and Right to Royalty

Continued from Part 2, read part by clicking here. Music Broadcast Private Limited v. Indian Performing Right Society Limited, SUIT NO. 2401 OF 2006 Facts of the case The Plaintiff (Music Broadcast Private Limited) engaged in business of establishing, operating and maintaining FM Radio broadcasting stations in various cities of India sought a declaration that the Defendant (IPRS) is not entitled to demand or recover royalty and/or license fee in respect of broadcast of sound recordings at its FM Radio…