Music licensing: India

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Song Rights

Shibu Thomas TNN

The Times of India, July 27, 2011

Music cos hold song rights: HC

Mumbai: In a setback to music composers and lyricists, the Bombay HC has upheld the right of the music companies over a song recording. The order by Justice S J Vazifdar is a huge relief to FM radio stations and others who play recorded songs, including hotels and discotheques. Music composers and lyricists were demanding a separate royalty every time their music was played.

The HC ruled that the Indian Performing Right Society Limited, a body that safeguards copyrights of composers and lyricists, was not entitled to claim or demand royalty or licence fees from a private FM channel for the recorded music it plays.

IPRS to challenge HC verdict

Mumbai: The Bombay high court ruling on the right of music companies over a song recording means that FM stations would now have to only deal with Phonographic Performances Limited for obtaining a licence to play the music. The HC has stayed the judgment till October 31, 2011. “We will file an appeal against this verdict,” said advocate Sandeep Marne, who represented Indian Performing Right Society Limited (IPRS). The judge, however, clarified that the composers and lyricists do not lose all their rights when they allow it to be recorded. Senior advocate Navroz Seervai and Marne argued that once a song is recorded the composers and lyricists do not lose their copyright.

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