A single-judge bench of Justice Manish Pitale on April 28 passed a verdict in a plea by IPRS seeking interim reliefs in copyright infringement suits against the defendants FM channels. (Express Photo)
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IPRS entitled to royalties from 2 FM channels: HC
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The Bombay High Court has held that the Indian Performing Right Society (IPRS) was entitled to raise claims for royalties from companies owning radio channels FM Tadka and Radio City for using copyrighted music.
The court held that the amended Copyright Act indicated that IPRS was entitled to ask for interim relief for the benefit of its members, who are authors of literary and musical works utilized in cinematograph films and sound recordings. The court clarified that the FM channels would be restrained from using the copyrighted music if they fail to pay the royalties to IPRS within six weeks of receiving such communication.
A single-judge bench of Justice Manish Pitale on April 28 passed a verdict in a plea by IPRS seeking interim reliefs in copyright infringement suits against the defendants FM channels.
The IPRS sought relief primarily on the ground that amendments brought into effect from June 21, 2012 in the Copyright Act, 1957, have completely changed the legal framework concerning the rights of authors of original literary, dramatic, musical and artistic works.
Senior advocate Ravi Kadam, representing IPRS, submitted that IPRS being society registered under the provisions of the Copyright Act, is espousing the cause of such authors of original works, who were earlier deprived of their rightful claims.
Kadam added that they have become entitled to claim royalties on each occasion that their original works are utilized and in the facts of the present cases, on each occasion when a sound recording is communicated to the public by the defendants.
Therefore, the IPRS sought enforcement of 2012 amendments to Copyright law concerning the rights of authors of original literary, dramatic, musical and artistic works.
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The defendant companies Rajasthan Patrika Pvt Ltd and Music Broadcast Limited, operate FM Tadka and Radio City, respectively. The defendants submitted that the amendments are “merely clarificatory in nature, reinforcing a well-settled position of law”.
The court noted that the claim by defendants that the interim reliefs cannot be granted as the amendments were made in 2012 due to delay “is an unacceptable contention”.
The bench observed, “Mere delay or alleged acquiescence on the part of such authors cannot be a ground to deprive them of interim reliefs, which they otherwise deserve, in the light of the fact that a strong prima facie case is indeed made out on their behalf.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
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