After the Wynk decision of the Bombay High Court, which came to the conclusion that internet broadcasting is not covered under Section 31D of the Copyright Act, the record labels are on a drive to convince the Government, industry and academics that statutory licensing does not provide fair value to sound recording holders. Their efforts seem to have doubled and tripled after publication of the draft Copyright Rules, 2019, which proposed to include internet broadcasting within the scope of statutory…
The objective of non–voluntary licensing is two-fold. First, to overcome the difficulty of locating the correct owner of the copyrighted work and getting an individual license from him and second is to avoid the creation of monopoly of copyright owners. The result the state looks at achieving from this provision is ensuring public dissemination and authors' compensation and avoiding market monopoly.
The Copyright (Amendment) Act, 2012 has incorporated a new section into Chapter VI of the Copyright Act, which…