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.
Background
The Indian Singers Rights Association (ISRA) obtained a favourable order from the Delhi High Court against a Delhi-based club, Night Fever Club & Lounge, for playing songs without remunerating the singers whose performances were communicated to the public. ISRA filed a suit against the establishment before the Delhi High Court on December 18, 2014, alleging infringement of its members’ performer rights.
The Order
The representative of Night Fever Club & Lounge acknowledged receipt of the summons but no one appeared on behalf of the establishment at the date of hearing. The Delhi High Court 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.”
Significance
The order represents a development in the enforcement of performer rights in India. Section 38a and 38b of the Copyright Act, which confer exclusive economic and moral rights on performers, were introduced by the Copyright Amendment Act, 2012. ISRA holds the distinction of being the first copyright society to be registered by the Central Government following those 2012 amendments.
Disclaimer
This article is for general information and does not constitute legal advice. Readers should consult a qualified attorney before acting on any matter discussed here.