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MUMBAI: The Indian Performing Rights Society (IPRS) has secured
an injunction against Hello FM Radio (Malar Publications Limited)
from the Delhi High Court restricting Hello FM Radio from
playing music without obtaining a license from the IPRS.
This order would technically mean that Hello FM would either
have to stop broadcast, obtain a license, or both. Lawyers
Praveen Anand, Ameet Datta, Bhagwati Prasad and Shrawan Chopra
represented IPRS.
The IPRS says that this order comes as a warning to all such
establishments operating without a license that they are not
above the law, and they will not be allowed to continue functioning.
IPRS is a non-profit making company authorised under section
33 of the Copyright Act 1957 to operate as a copyright society
for Musical Works and Literary works performed along with the
Musical Works. It is a body that has more than 1500 members
who are local composers, lyric writers and publishers and also
represents International Music.
IPRS adds that all users of music including radio stations,
television channels need to obtain a license for public performance
whenever they broadcast or perform /play these Literary and
Musical Works, the license must be obtained prior to the event/broadcast
else it is a violation of the Copyright Act, 1957.
IPRS CEO Rakesh Nigam said, "The consumption of entertainment
is changing and so will the earning pattern of artists. Newer
forms of entertainment need to compensate artists adequately.
such ruling will set the correct bench mark "
IPRS says that with the advent of the FM Radio industry starting
in India there have been numerous Court Cases wherein the
radio stations have tried to circumvent the rights of the
Copyright Holders. However, the Hon'ble Courts in the Country
have always upheld the rights of the Copyright holders.
Hon'ble Justice Pradeep Nandrajog of the Delhi High Court
has said in his order dated 15-11-2006, "Restrained the
Defendants (Hello FM - Malar Publications Limited), their
Servants, Agents, Director, Subsidiaries, and all other acting
on their behalf from causing the broadcast or broadcasting
/ performing or communication to the public, literary and
/ or musical works of the Plaintiff Society or those of the
foreign sister societies of the Plaintiff or broadcasting
any works of the Plaintiff by any means without obtaining
a license from the Plaintiff thereby amounting to infringement
of the Plaintiff Society's Performing Rights and communication
to the public rights in the same."
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