Summary
The Delhi High Court has passed a favourable order in favour of the Indian Singers Rights Association (ISRA) against a Delhi-based club for non-payment of royalties to singers. The case involved the club playing songs from ISRA's repertoire without obtaining proper licensing, leading to an ex-parte order restraining further infringement. This development strengthens the enforcement of performers rights under the Copyright Amendment Act, 2012, specifically Sections 38A and 38B. ISRA's role as the first registered Copyright Society post-amendment is highlighted by this legal action. The order represents a significant step for singer royalties and performers rights in India.
For all of us waiting to hear of development in the Copyright (Amendment) Act, 2012, yes, we have some news for you. It is not for Lyricists, or for Music Composers, but for Singers this time!
The Indian Singers Rights Association (ISRA) has obtained a favourable order against one of the Delhi based clubs, Night Fever Club & Lounge, that has been playing songs and not paying Singers their due. The ISRA filed a suit against this lounge before the Delhi High Court on December 18, 2014 and have been successful in procuring a favourable order. The copy of the order states that the representative of the club received the summons and nobody had appeared before the Court on the date of the Hearing. The Delhi HC passed an ex-parte order restraining the lounge from “communicating to the public, the plaintiff’s repertoire comprising of performances of all its members without obtaining a license from the plaintiff (ISRA) or doing any other act infringing the plaintiff’s members performer’s rights till further orders.”
This definitely is a development in the area of Performer’s Rights and the establishment of the ISRA. Section 38a and 38b which provide for the exclusive economic and moral rights were added by the Copyright Amendment Act, 2012. The ISRA is the first Copyright Society to be registered by the Central Government after the 2012 amendments to the Copyright Act.