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IP Case Digest · Copyright Act s.19

Section 19, Copyright Act: case law

3 judgments of the Calcutta High Court, the Madras High Court and 1 other court applying Copyright Act s.19, from 2024–2026, each with a headnote by BRB Legal.

3judgments
3courts
2024–2026years

Vodafone Idea Limited v. The Indian Performing Right Society Limited & Saregama India Limited, A.O (COM) No. 17 of 2024, CS-COM 140 OF 2024 and APOT 300 OF 2024, CS-COM 93 OF 2024

Calcutta High Court · Disposed of

Appeals dismissed in a dispute over royalties for underlying works in sound recordings. The Division Bench held that Saregama has no legal authority or competence to grant a licence in respect of the underlying musical and literary works incorporated in a sound recording, and that Vodafone cannot commercially exploit those underlying works without express permission from the Indian Performing Right Society. Agreements between Vodafone and the sound recording companies could not negate IPRS's right to royalties where that right otherwise exists, and such agreements do not survive section 19(10) to the extent they are read as denying it. Some of the agreements in fact recorded that IPRS was entitled to royalties on commercial exploitation.

The Indian Performing Rights Society Limited v. K. Murali (Mouna Raagam Orchestra) & Ors., C.S. No.723 of 2019

Madras High Court · Disposed of

Suit decreed against ex parte defendants for unlicensed public performance of a copyright society's repertoire at live music events. The Court held that a copyright society registered with the Central Government is permitted under sections 18, 19 and 33 of the Copyright Act, 1957 to grant licences and collect royalty on behalf of its members, and that the evidence of the society's licensing executive and its investigator established that the songs performed at the event in question were published by its members. In the absence of any contrary evidence, the society was entitled to the injunctive relief claimed and to rendition of accounts with a decree of profits. The first defendant had agreed while the suit was pending to settle for Rs.20,00,000 with GST but paid only about Rs.9,90,000 and repeatedly violated undertakings given to the Court, so the plaintiff was directed to give credit for the amounts received and prosecute the suit on merits. On counsel's submission that the balance would be paid, the decree for rendition of accounts was made conditional: it comes into effect only if the outstanding amount is not paid by the stated date, and payment is to be treated as discharge of that obligation. Applications alleging wilful disobedience of interim injunctions were closed without separate orders because the permanent injunction and rendition of accounts were being granted in the judgment itself.

The Bhaktivedanta Book Trust India v. www.friendwithbooks.co

Delhi High Court · Suit decreed

Summary judgment under Order XIII-A CPC and the suit decreed. The question was whether a sanyasi can own copyright in literary works of his creation, the defendant contending that a renunciate relinquishes all rights in property on entering a religious order. The Court held that copyright vests in a person by virtue of his labour and skill and subsists under section 17, and once vested can be extinguished only by a mode known to law. Civil death on entering a religious order does not prevent subsequent acquisition and holding of private property, as Shri Krishna Singh v. Mathura Ahir records, and the law of copyright protects a man's rights irrespective of his status as a family man or a saint. In any event there was a categorical written assignment by the author to the plaintiff Trust, registered with the Charity Commissioner.

Other provisions of the Copyright Act

All 57 judgments on the Copyright Act, 1957 Search the IP Case Digest