INDIAN PERFORMING RIGHT SOCIETY LTD Vs. PUNIT GOENKA

JUDGEMENT

(1.) The plaintiffs in both the suits, CS(OS) 1216/07 and CS(OS) 1356/207 are common; the first plaintiff is the Indian Performing Arts Society (hereafter IPRS) a company limited by guarantee, incorporated to protect and safeguard its members ' rights. Its members are comprised of authors, composers and publishers of musical or literary works. The IPRS says that it is also committed to protect the rights of other overseas Sister societies, which are copyright owners in their literary and musical works. The IPRS claims to be the sole national copyright society of composers, authors and publishers of literary and musical works, from India, and other countries. IPRS also says that it was re-registered as a copyright society, in terms of Section 33 (3) of the Copyright Act, 1957 (the Act) after its amendment in 1994, and relies on a certificate of registration, to such effect, dated 27th March, 1996.

(2.) It is stated that members of IPRS, comprising of authors, composers and publishers of Indian literary and musical works, have executed assignment deeds, in respect of their public performing rights, and rights to communicate their works to the public, under the Act, as well as works which they might produce in the future. The IPRS therefore claims to be owner of such rights.

(3.) The second defendant, (hereafter called PPRS) claims to be a society engaged in copyright business of licensing rights in respect of sound recordings, of its members; it too avers to being a copyright society under Section 33 of the Act, in respect of sound recording rights under the Act, of its members. PPRS states that it has the right to issue licenses in respect of sound recording and performance rights in relation to such sound recording, of its members, in India. It is alleged that the PPRS membership consists of some of the best known sound recording companies, in India, and abroad, and therefore, it has the exclusive right to administer one of the most extensive repertoire of musical works.