HC orders EEMA to pay money to copyrighted owner IPRS

 The Delhi High Court has ordered Event and Entertainment Management Association (EEMA), an event organiser group to pay money to the owner for using intellectual property rights in their programme.

However, Justice Najmi Waziri has also issued direction to Indian Performing Right Society (IPRS), the Phonographic Performance Ltd (PPL) and Novex Communications to put search option in their websites to identify the real owners of the copyright works.

"By December 31, 2016 the respondent will, in deference to the confidential information as may be, upload on their respective websites the assignment deeds alongwith the list of songs pertaining to such assignment deed," the court mentioned in its December 29's order after hearing agreement between the respondent party EEMA and defendent parties PPL, IPRS, Novex and others.

 The court observed that parties has agreed that if the an event in which copyrighted work will be used by EEMA then the owner claimimg intellectual property rights of the work will issue an invoice for the royalty of the copyrighted work.

 "...monies (moneys) shall be paid by the petitioner or the holder of the event i.e. user of the copyrighted work to the respondent in terms the invoice prior to holding of the event or as per such arrangement as may be agreed between the parties," the court stated in its order.

 The court was hearing a writ petition filed by EEMA which has sought an enquiry against PPL, IPRS and Novex for allegedly violating section 33 of the Act.

 The vacation court, however, listed the matter for April 24, 2017 which will be heard by the roster bench.

However, EEMA, in a statement claimed it as a very successful order and said: "For the first time, the PPL, IPRS, Novex have been forced by the court to prove their ownership of copyright."

 It added that EEMA believes that copyright fees should be paid to the rightful owners and creators and artists in a transparent and reasonable manner so that the rightful owners should receive their due and the rates being charged are logical and reasonable.

 On the other side, IPRS stated that this is a real defeat for EEMA and now they have to pay license before event based on the assignment details as prevailing with IPRS.

 "Their (EEMA) injunction against IPRS is nullified and no relief is granted for not paying to IPRS and stage events," The IPRs said in a statement.

 The statement added that it is a real big victory for the thousands of author, composers and the publishers owners of the music that their music won't be played without obtaining an IPRS licence.

 The IPRS is a representative body of owners of music composers, lyricists and the publishers of Music and is also the sole authorised body to issue licences permitting usage of music within India by any person while PPL owns, as assignee, and exclusively controls public performance rights and radio broadcasting rights in more than 5 lakh songs (sound recordings) in Hindi and other language.

On December 23, another bench of the Delhi High Court had accepted that IPRS, PPL, and Novex were not registered copyright societies under section 33 of the Copyright Act, and had therefore restrained them from collecting any licence fee from performers or performing societies.

Warm Regards

Kunal Sarin

Vice President and Head - Licencing

The Indian Performing Right Society Ltd.

208 Golden Chambers 2nd Floor,

New Andheri Link Road,

Andheri (W)

Mumbai- 400 053

Tel:- 91-22-26733748/49/50, Fax-26736658

CIN : U92140MH1969GAP01435