THE INDIAN PERFORMING RIGHT SOCIETY LIMITED vs ANTARDHWANI & ORS.

Bengaluru, 19th June 2019: The Hon’ble City Civil and Sessions Judge, Bengaluru on 31st May, 2019,granted an ad-interim injunctionin favour of The Indian Performing Rights Society Limited [“IPRS”] against an event organizer “Antardhwani” that conducts/organizes live orchestra events, etc. in relation to a music live event, “The Kings of Rhythm-2 Musical Programme”. The event was scheduled on 31st May, 2019 at Chowdiah Memorial Hall in Bengaluru. The event organizer subsequently paid the license fee as directed by the Hon’ble Court.

The matter came up before the City Civil and Sessions Judge, Bengaluru on 30th May, 2019 wherein the Court was informed of the fact that IPRS being a registered Copyright Society, as per the Copyright Act 1957 is exclusively authorised to carry out the business of issuing or granting licenses in respect of any work in which copyright subsists. The Court was further made aware of the fact that Antardhwani had not responded to any of the legal notices or letters sent to them calling upon them not to perform/ allow to be performed and/or communicate to the public works belonging to IPRS’s repertoire without obtaining licenses from IPRS. The Court also noted that IPRS had informed Antardhwani about the requirement of a license from IPRS in view of assignment deeds executed in favour of IPRS. The fact that Antardhwani had previously obtained licenses from IPRS for events organized by them in the past was taken into account by the Court.

The performing line up for the live show “The Kings of Rhythm-2 Musical Programme” included Biju Nair and team performing songs of OP Nayyar and RD Burman. The Event was also advertised as a “Fiery tribute of RD Burman and OP Nayyar”. The Court held that IPRS had established a prima facie case to show rights in its favour. Also, as the Event was scheduled to be held on 31st May, 2019 itself the Court further noted that there would be no harm caused to the organizers and the venue of the event in case an ex parte order is passed and on the other hand if the event goes on without paying the license fee to IPRS, IPRS and its members would be put to a greater loss.

IPRS was re-registered as a Copyright Society in November 2017 under Section 33 of the Copyright Act, 1957 and is tasked with administering therights of 4000+ Author (lyricist),Music Composer and Music Publisher members across India. IPRS rights include musical works and associated lyrics in all major Indian languages and is the sole registered copyright society in India in respect of musical works and literary works associated with musical works.

IPRS has earlier also instituted a law suit against Telecom operator Vodafone before the Calcutta High Court where the Court directed Vodafone todeposit INR 2.5 Crores with the court registry.

City Today News

(citytoday.media)

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