- Case number
- COM) No. 17 of 2024
- Court
- Calcutta High Court
- Date of judgment
- Judge
- Debangsu Basak
- Outcome
- Disposed of
Headnote
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.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.