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Search Results for "Sound Recordings"

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High Court

Bombay High Court Holds that Copyright Society Cannot Demand Royalty for Sound Recording Broadcasts from FM Radio Stations. Sound Recording Copyright Prevails Over Underlying Works Once Incorporated, Thus IPRS Not Entitled to Licence Fee for Broadcasts.

25 Jul 2011

Background: The dispute involved the right of a copyright society (IPRS) to demand royalties from an FM radio broadcaster for broadcasting sound recor...

High Court

Bombay High Court Grants Declaration in Favor of FM Broadcaster Against Copyright Society. Court Rules That Defendant Cannot Demand Royalty for Broadcast of Sound Recordings Under Copyright Act, 1957.

25 Jul 2011

The suit was filed by Music Broadcast Private Limited, a company operating FM radio stations across India, against Indian Performing Right Society Lim...

High Court

Bombay High Court Allows Appeal in Copyright Royalty Dispute Between Radio Broadcaster and Performance Rights Society. Court holds that interim injunction restraining radio station from broadcasting sound recordings without paying royalties was valid but modifies order to require payment of royalties at rates determined by Copyright Board pending final adjudication.

2 Apr 2013

The dispute arose between Phonographic Performance Ltd. (Plaintiff), a performing rights society registered under the Copyright Act, 1957, and Radio O...

High Court

High Court of Judicature at Bombay Decides Preliminary Issue in Copyright Infringement Suits. Preliminary Objection on Copyright Society Registration Under Section 33(1) of Copyright Act, 1957 Determined Without Party Names.

24 Jan 2024

The Bombay High Court was seized of a batch of commercial IP suits filed by Novex Communications Pvt Ltd and Phonographic Performance Ltd seeking perp...

High Court

Bombay High Court Hears Interim Injunction Application in Copyright Infringement Suit Concerning Digital Music Platform’s Use of Sound Recordings. The Court Examines Defenses of Fair Use and Statutory License Under Sections 52 and 31-D of the Copyright Act, 1957.

23 Apr 2019

The present proceeding arose from two commercial IP suits filed by Tips Industries Ltd. (plaintiff) against Wynk Music Ltd. and another (defendants) b...

High Court

Bombay High Court Hears Interim Applications in Copyright Suits Over Post-2012 Amendment Royalty Rights for Underlying Works in FM Radio Broadcasts. The Court Was Called Upon to Decide Whether the Copyright (Amendment) Act, 2012 Requires Separate Royalty for Literary and Musical Works Embodied in Sound Recordings Broadcast by FM Radio Channels.

28 Apr 2023

The case involved interim applications in two commercial IP suits filed by Indian Performing Right Society Limited (IPRS), a copyright society registe...

High Court

Bombay High Court Disposes of Cross Arbitration Petitions Challenging Copyright Royalty Award. License Fee and Infringement Claims Under Copyright Act, 1957 and Section 34 of Arbitration Act Evaluated.

31 Aug 2016

The Indian Performing Right Society Ltd. (IPRS), a copyright society registered under Section 33 of the Copyright Act, 1957, and Entertainment Network...

Supreme Court

Supreme Court Quashes High Court's Interim Order Modifying Copyright Rules in Statutory License Dispute - Interim Order That Altered Prior Notice Requirement Under Rule 29(4) of Copyright Rules 2013 Set Aside as Impermissible Judicial Rewriting of Statutory Provisions.

27 Sep 2021

The appeals arose from an interim order dated 2 August 2021 by a Division Bench of the High Court of Judicature at Madras in writ petitions challengin...

High Court

High Court of Karnataka Allows Appeal in Copyright Infringement Suit — Plaintiff's Suit for Declaration and Injunction Held Maintainable Despite Non-Compliance with Section 52(1)(j)(ii) Notice Requirements. The Court Remanded the Suit for Fresh Consideration on Merits, Holding That the Civil Court Has Jurisdiction to Decide the Validity of Cover Version Notices Under the Copyright Act, 1957.

20 Jan 2015

The appellant, M/s. Mars Recording Private Limited, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the or...

High Court

Bombay High Court Dismisses Executrix's Suit for Copyright Infringement of Song from Film 'Talash' — Plaintiff Failed to Establish Ownership of Copyright in Cinematographic Film Under Copyright Act, 1957. The court held that the plaintiff, claiming as executrix of the deceased producer, did not prove that the copyright in the song vested in the estate, as the song was composed by a third party and the producer had only commissioned the film.

8 May 2012

The plaintiff, Rupalli P. Shah, claiming to be the executrix of the last Will and testament of O.P. Ralhan (deceased), filed a suit seeking to restrai...

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