Factual Matrix 

In the matter Indian Performing Right Society Limited v. Rajasthan Patrika Ltd. and Anr a petition submitted by IPRS to enforce the 2012 changes to the Copyright Act regarding the legal obligations of creators of original literary, dramatic, musical, and creative works. The revisions forbid authors from assigning or surrendering their right to royalties for the use of their works in sound recordings and cinematograph films.

Contention from parties

The appellant argued that authors of original works, who were previously denied their legitimate claims, now have a right to compensation each time one of their works is used.

Rajasthan Patrika and Music Broadcast Limited, the defendant firms, were in the business of running FM Tadka and Radio City, respectively. They argued that the revisions did not give the creators of original works any new substantial rights.

Court Decision 

According to a single bench of Bombay high court Justice Manish Pitale, the modified Copyright Act gave IPRS the power to request temporary relief on behalf of its members, who are writers of literary and musical compositions that have been used in cinematograph films and sound recordings. The Court made it clear that if the FM channels don’t pay the fees to IPRS, they won’t be allowed to play the copyrighted music.

The Court found that because of modifications to the Copyright Act, IPRS had a legitimate basis for requesting temporary relief. It accepted IPRS’s claim that the inclusion of provisos to Sections 17 and 18, which deal with copyright owner and assignment, resulted in a modification that led to the recognition of extra rights in favour of creators of original literary and musical works.

CASE – Indian Performing Right Society Limited v. Rajasthan Patrika Ltd. and Anr Commercial IP Suit no.193/2022