HC upholds performer’s rights, music to industry

The ad interim order, passed by Justice F I Rebello, comes in the wake of a suit filed by tabla player Aneesh Pradhan, who was one of the accompanying artistes in the April 1997 concert held at the Dadar Matunga Cultural Centre. Pradhan, who was represented by advocate E P Bharucha, maintains that his prior consent was not taken by Banyan Tree Events Pvt Ltd while recording the performance. The plaint states that the director of the music company, the person who actually digitally recorded the performance and Ninaad Music, which marketed the audio cassettes, are guilty of violation and infringement of Pradhan’s “performer’s rights” laid down under the Copyright Act, 1957.

The plaint states that Pradhan was telephonically contacted by Mahesh Babu, the director of Banyan Tree Events and Ninaad Music and Marketing Pvt Ltd, requesting him to perform at the concert held in the honour of late maestro Kumar Gandharva. Pradhan entered into an oral agreement with the company. The main performer at the concert was slated to be Mukul Shivputra, the son of the late Kumar Gandharva. Pradhan states that the organisers did not even discuss his performance fees. With the knowledge and active connivance of the company and complete ignorance of Pradhan, one Rajeev Deshpande recorded the event, states the plaint.

Later, in September this year, the plaintiff was shocked to find an audio cassette of the April 1997 concert under the name Nirala. The plaintiff purchased copies of the cassette at music shops in New Delhi and Mumbai. Pradhan then sent a legal notice to the defendants asking them to refrain from the sale and manufacture of the Nirala casette. The company neither stopped the sale of the cassettes, nor did it reply to the notice.