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Literary Tag

BananaIP Counsels > Posts tagged "Literary"

Sound Recording, Literary & Musical Works and Right to Royalty – Part 4

The featured image shows a mic in a sound recording studio. To read more about this, click here. Entertainment Law and Copyrights: Sound Recording, Literary & Musical Works and Right to Royalty – Part 3

  Continued from Part 3, read part by clicking here. Conclusion Reiterating that said earlier, sound recording consists of the acoustic portion including a lyric or a musical work despite which underlying works do not lose their existence upon a sound recording being made but remain exclusively mutual. However, the anomaly of the provision of the Act that grants the authors of musical & literary work and authors of sound recording the right to communicate to public their work has questioned the independent existence of the said works during the coalescence of the two. Courts have in the recent past clearly opined that when...

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Sound Recording, Literary & Musical Works and Right to Royalty

The featured image shows a mic in a sound recording studio. To read more about this, click here. Entertainment Law and Copyrights: Sound Recording, Literary & Musical Works and Right to Royalty – Part 3

  Continued from Part 2, read part by clicking here. Music Broadcast Private Limited v. Indian Performing Right Society Limited, SUIT NO. 2401 OF 2006 Facts of the case The Plaintiff (Music Broadcast Private Limited) engaged in business of establishing, operating and maintaining FM Radio broadcasting stations in various cities of India sought a declaration that the Defendant (IPRS) is not entitled to demand or recover royalty and/or license fee in respect of broadcast of sound recordings at its FM Radio Stations. Further the Plaintiff sought a permanent injunction restraining the Defendant from demanding or claiming or making any claim in respect of or...

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