[Reader-list] Music case...

Frederick Noronha (FN) fred at bytesforall.org
Fri Jul 18 00:35:02 IST 2003


Does anyone have details on what further happened to this case? 
Curious... FN

NEWS: Hotels In Goa Restrained From Playing Music Without Royalty

Vidisha Barua

New Delhi, January 18: The Delhi High Court has restrained a number of
hotels in Goa from playing music, the copyright for which vests with the
Indian Performing Right Society Ltd, through cable or otherwise without
paying licence fees and royalty. Justice Manmohan Sarin said that he was
'satisfied that a prima facie case has been made out for ad interim
injunction against the defendants.'

The next date of hearing has been fixed for July 9. 

The hotels made parties in the suit are Kamat Inns Pvt Ltd, Hotel Nova Goa,
Hotel Golden Goa and Kamat Holiday Homes. Counsel Praveen Anand appearing
for the society submitted that it had the copyright in the lyrics and
composition of various musical works played in the hotels. He alleged that
the hotels had paid licence fees up to 1993-94 and had stopped thereafter.

Despite non-payment of licence fees, the hotels were violating the copyright
to protect the interest of the artists. Mr Anand submitted that despite
repeated reminders, the hotels failed to renew their licence contracts and
pay the outstanding fees.

Mr Anand submitted that the Indian Performing Right Society is a non-profit
making body established in August 1969 to monitor, protect and enforce the
rights of its members comprising authors, composers and publishers of
musical works both in India and abroad. 

He further submitted that the plaintiff is a registered copyright society
under Section 33(3) of the Copyright Act, 1957 and has received the
certificate of registration from the union government authorising it to
carry on the copyright business in musical works and any words or action
intended to be sung, spoken or performed with the music. The society is also
affiliated to 194 societies of authors and composers across the globe. The
primary task of the society is to collect royalties and thereafter give it
to the owners of the copyright in the music, whose interest it represents.

http://www.financialexpress.com/fe_full_story.php?content_id=26240
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