Summary
The Delhi High Court has issued a public notice seeking suggestions on fixing or revising royalties for sound recordings, as mandated by Section 31D of the Copyright Act, 1957. The notice is addressed to copyright owners, broadcasting organisations, radio broadcasters, and other interested parties. Suggestions must be submitted in writing with supporting evidence within thirty days of the notice’s publication. The process is initiated in response to an application by the Indian Performing Rights Society Limited and is in line with the relevant provisions of the Copyright Rules, 2013. Interested parties are required to email their submissions to the designated court address within the stipulated timeline.
The High Court of Delhi has issued a public notice on 10th November, 2021, with respect to the intention of the IP Division to fix/revise royalties as mandated under Section 31D of the Copyright Act, 1957.
The notice invites suggestions from interested persons, in writing along with necessary evidence, to be submitted within 30 days (by 10th December, 2021). The suggestions may be e-mailed to ipd-copyright@dhc.nic.in
A copy of the notice is available here:
http://delhihighcourt.nic.in/writereaddata/Upload/PublicNotices/PublicNotice_SIGLWQIP4Z3.PDF
The notice reads as follows:
PUBLIC NOTICE
“Reg: C.O.(COMM.IPD-CR) 14/2021 & other matters
This is for information of all concerned that in view of Section 31D of the Copyright Act, 1957, read with Rule 31 of the Copyright Rules, 2013 and upon an application in this regard filed by Indian Performing Rights Society Limited, the Hon’ble High Court of Delhi, IP Division is required to fix/revise the royalties for communication of underlying works, viz. ‘literary and musical works’ in ‘sound recordings’ and utilization thereof in FM radio stations, to the public by way of broadcast through Radio under section 31D of the Copyright Act, 1957 and the rules thereto.
This Public Notice is issued to inform all those interested persons regarding the Hon’ble High Court of Delhi, Intellectual Property Division’s intention to fix/revise royalties for broadcast of underlying works viz. ‘literary and musical works’ in ‘sound recordings’ through radio, as mandated under Section 31D of the Copyright Act, 1957, read with Rule 31 of the Copyright Rules, 2013 and the suggestions of all interested persons are invited in this regard.
In accordance with sub-rule (3) of Rule 31, it is stated that any owner of copyright or any broadcasting organization or any radio broadcaster or any other interested person may, within thirty days from the date of this publication, give its suggestions, in writing, with adequate evidence as to the rate of royalties to be fixed/revised for the broadcast of underlying works viz. ‘literary and musical works’ in ‘sound recordings’ through FM radio. No further time will be granted for the purpose of suggestions after the expiry of30 days of Public Notice.
The suggestions be e-mailed to ipd-copyright@dhc.nic.in in this regard.”
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