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Search Results for "literary and musical works"

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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...

Supreme Court

Supreme Court Examines Applicability of Section 292 IPC to Allegedly Obscene Poem Referencing Mahatma Gandhi Amidst Claims of Poetic License and Freedom of Expression. Court Clarifies That Poetic License Is Not a Legal License but a Fundamental Right, Subject to Reasonable Restrictions Under Article 19(2), and Obscenity Must Be Judged by Contemporary Community Standards.

1 Aug 2026

Background: The case arose from the publication of a poem titled 'Gandhi Mala Bhetala' (I met Gandhi) in the July-August 1994 issue of the Bulletin, a...

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 Allows Revision Application in Copyright Dispute Over Film Pakeezah Songs — Assignment of Musical Rights Held Valid and Exclusive. The petitioner, as assignee of sole and exclusive musical recording rights under an agreement dated 13th February 1971, was entitled to exploit the rights without interference from the original plaintiff.

22 Sep 2011

The petitioner, Saregama India Limited (formerly Gramophone Company of India Limited), filed a civil revision application challenging an order passed ...

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...

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...

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 Adjudicates Interim Application by Writers of Original Film Against Remake Film Producers Alleging Copyright Infringement of Literary Works. Writers Claim Exclusive Copyright in Story, Screenplay and Dialogues of 1973 Film 'Zanjeer' and Seek Injunction Against Unauthorized Remake in Hindi and Telugu Under Sections 18 and 19 of Copyright Act, 1957.

2 Sep 2013

The matter arises from a copyright dispute over the iconic Hindi film 'Zanjeer' (1973). Plaintiffs Salim Khan and Javed Akhtar, acclaimed writers, cla...

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...

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