PHONOGRAPHIC PERFORMANCE LTD Vs. HOTEL GOLD REGENCY

JUDGEMENT

(1.) DEFENDANT Nos. 2 and 3 have filed this application under Order 7 Rule

(2.) WHETHER, in view of the provisions of section 61 of the Copyright Act, 1957, inasmuch as the owner of the copyright has not been made a party to the present suit, the same would be liable to be rejected on the ground of non-impleadment of a necessary party?

(3.) IT is further stated in the plaint that various owners of copyrights in different sound recordings in respect of recorded music have entered into in agreements with the plaintiff being a registered copyright society enabling the plaintiff to administer their rights by issuing licences in respect thereof. One such agreement has been filed at page 20 of the documents file and it is between Saregama India Ltd and the plaintiff. The agreement is dated 01. 04. 2003. In the said agreement it is categorically stated in the recitals that Saregama India Ltd is the owner of the copyright in various sound recordings and that by virtue of its membership of the plaintiff society, it has agreed to authorise/grant to the plaintiff, in respect of its sound recordings, its rights of communication to the public (including broadcast/telecast and public performance rights) on the terms and conditions mentioned in the agreement. By virtue of clause 1 of the agreement, the owner granted and authorised the plaintiff it's right of communication to the public in respect of its sound recordings. The owner also authorised the plaintiff to grant licences, collect and distribute revenue on behalf of the owner, whether on the plaintiff's own account, or through its duly appointed agents. The plaintiff was also entitled to realise all fees and licence fees payable in respect of such recordings (the rights of communication to the public of which have been granted to the plaintiff) from any person, authority, firm or company. The owner also authorised the plaintiff to realise and receive payments of all such fees and licence fees from All India Radio, any other broadcasting / telecasting organisation and / or any other person, authority, firm or company in respect of communication of the recordings to the public. It was specifically stipulated that the owner shall have no right to claim such amounts from any of the parties referred to above.