CiteTEXT
...Section 31 of the Copyright Act, 1957, the said Board under clause (b) of sub-section (1) can pass an interim order in the pending complaint.2. Since, we shall ...) 183 DLT 23, the High Court reversed the finding of the Copyright Board upon holding that even while the grant of compulsory licence under Section 31 of the Copyright Act wa...licence under Section 31(1)(b) of the Copyright Act, relying solely on the rates fixed by the Copyright Board for PPL by its order dated 25-8-2010. Other eight broadcasters also filed applications...
...S.B Sinha, J.*—Introduction1. Interpretation of Section 31 of the Copyright Act, 1957 (for the sake of brevit...Copyright Board—First licence case16. Various radio stations including the petitioner filed an application before the Copyright Board at Hyderabad in terms of Section 31(1)(b) ...terms of Section 31(1)(b) of the Act against Super Cassettes praying, inter alia, for the following reliefs:“Grant the applicant a compulsory licence of the compl...
...Section 31 of the Copyright Act, 1957, the said Board under Clause (b) of Sub-Section (1) can pass an i...Section 31 of the Copyright Act was under consideration, an interim compulsory licence could be granted. The High Court a...for compulsory licence under Section 31(1)(b) of the Copyright Act, relying solely on the rates fixed by the Copyright Board for PPL by its order dated 25th August, 201...
...any law which was in force at the time when the Act was enacted. The appellant-plaintiffs cannot claim copyright and sue for infringement of copyright de-hors the Act. Common law rights under ...the Copyright Act, 1911, which was enacted to amend and consolidate the law relating to copyright. Section 31 of ...Copyright Act, 1911 read as under:“Section 31. Abrogation of common...
...applications made under Section 31(1)(b) of the Copyright Act, 1957, for grant of licence for broadcasting and sound recording, the Copyright Board had by an order dated 19-11-2002, deter...on it under Section 31(1)(b) of the Copyright Act, 1957, the Board directed the Registrar of the Copyright Board to grant to the complainants separate licences for communicating the work ...Board, allowed the appeal as well as the cross-appeal in part, and remitted the matter to the Copyright Board for reconsideration and fixation of royalty payment in terms of Section 31 of the afor...
...brief. The Copyright Board adjudicated a controversy under Section 31 of the Copyright Act, 1957 between the pres...under Section 31 of the Copyright Act are pending between the appellant and the respondent No. 1. The learned single....In this application for condonation of delay numerous grounds have been urged for condoning the delay after narrowing the factual chronology and what happened before the Copyright Board. It...
...the Intellectual Property Appellate Board (IPAB) under Section 31-D of the Copyright Act, 1957 regarding statutory...Section 31-D of the Copyright Act, 1957 is not maintainable or the Defendant do not have a statutory license, the Court wi...S.J. Kathawalla, J.:— Leave under Clause XII of the Letters Patent (Bombay) Act is granted. The above Leave Petition is accordingly disposed off.2. The Plaintiff shall...
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1. The present petition has been filed under Section 31 of the Copyright Act, 1957 ("Copyright Act"), ..., is entitled to license the same at the rate, which it has determined.
4.3 Section 31 of the Copyright Act is applicable only to those cases, wherein, the work in...is it looking to broadcast the respondent's sound recordings. Hence, the petitioner has filed the present petition under Section 31(1)(a) and not Section 31(1)(b) of the Copyright Act....
..., pp. 837-38 and para 31, p. 876.)2.8 Mandate of Section 52(1)(q)(iv), Copyright Act, 1957 does not bar the recognition of copyright in the copy-edited versio...sue for infringement of copyright?31. Refer to Chapter XII of the Copyright Act, 1957.(i) The owner of ...2(2) of the Copyright Act.30. France — Although creations and works of public servants and government officials are protected by copyright; Legislative, Administrative texts, J...
...in issue.18. The Supreme Court was ceased with the interpretation of Section 31 of the said Act. A Copyright Society registered with the Government of India was administeri...the interpretation of Section 31 of the said Act. We find little force in this plea for the reason that the Supreme Court has dealt with the very objective of amendment of Chapter VII as ...Section 33 of the Copyright Act, 1957 (hereinafter referred to as the said Act) and a certificate to that effect has been ...
...was in force at the time when the Act was enacted. The appellant-plaintiffs cannot claim copyright and sue for infringement of copyright de-hors the Act. Common law rights under copyright law were...the Copyright Act, 1911, which was enacted to amend and consolidate the law relating to copyright. Section 31 of...Copyright Act, 1911 read as under:“Section 31. Abrogation of common...
...compulsory licence when the sound recordings are available. This submission cannot be accepted. Section 31 of the Copyright ...Section 31-A of the Copyright Act it has no power to grant a compulsory licence in respect of a future work. Both...in view of the express provision of Section 31-B of the Copyright Act which prima facie appears to bar t...
...that Section 31 of the Copyright Act had not been comprehensively drafted and whatever has been mentioned in...Section 135B of the U. K. Copyright, Designs and Patents Act must be read into Section 31 of in order to give it a proper meaning. He submitted that there are n...Section 31(1)(b) of the Copyright Act, 1957. He submitted that the Court must lay down parameters which the Copyright Board must adhere in the case of grant or ...
...defendant approached the Copyright Board for grant of a compulsory licence under section 31(1)(b) of the Copyright Act, 1957. The Copyright Board dispo...Copyright (Amendment) Act, 2012, section 31-D has been inserted under which a provision has been made for the grant of a statutory licence for broadcasting of literary a...of an injunction may at worst be a matter of inconvenience but would not result in the closing down of the business of the defendant.17. Section 31-D has been introduced into the ...
...Copyright Board possesses power to pass interim orders in proceedings under Section 31 of the Copyright Act, 1957 (‘Act’ for short). Section 31 provides for the grant ...compulsory licence under Section 31(1)(b) of the Act to Entertainment Networks (India) Limited [ENIL]. That decision was assailed before the Division Bench of the Delhi High Court in ....6. ENIL was not concerned with the principal conundrum before us which is whether interim orders can be passed in proceedings under Section 31 of the Act. Their Lordships had disapproved of...
...D.K Deshmukh, J.:— All these appeals challenge the same judgment of the Copyright Board at Hyderabad dated 19th November, 2002. These appeals have been filed under subsection (7) of section 72 of...the sake of brevity), and therefore, the complainants presented their complaints under section 31 of the Act before the Copyright Board. It appears that the complainant M/s. Music Broadcast Pvt. L...filed under section 31 of the Act for grant of compulsory licence for broadcasting sound recording in which the PPL has copyright, as according to the complainants PPL has refused to grant licence...
...provisions of Section 31-D and Section 78(2)(cD) of the Copyright Act, 1957 (“the Act”).3. Mr Mukul Rohatgi and Mr Akhil Sibal, learned Senior Counse...the Copyright Amendment Act, 2012, Parliament incorporated the provisions of Section 31-D which were brought into force on 21-6-2012. Section 31-D is in the following terms...into before the commencement of the Copyright (Amendment) Act, 2012.”8. Under sub-section (1) of Section 31-D, a broadcasting organisation which...
...pay these charges. No consensual terms having been concluded between these parties, Radio Mirchi applied under Section 31 of the ...Section 31 of the Copyright Act, whereas the Delhi High Court held to the contrary. Their Lordships opined that the very ...Section 31 of the Copyright Act was to approach the Copyright Board for the grant of a compulsory licen...
... are being considered today.
3. It appears that in relation to various applications made under Section 31(1)(b) of the Copyright Act, 1957...the cross appeal in part, and remitted the matter to the Copyright Board for reconsideration and fixation of royalty payment in terms of Section 31 of the aforesaid...31(1)(b) of the Copyright Act, 1957, the Board directed the Registrar of the Copyright Board to grant to the complainants separate licences for communicating the wo...
...Section 31(1)(b) of the Copyright Act, 1957 against the appellants and seeking the relief inter alia of grant of compulsory license (hereinafter called compulso...Section 31 of the Copyright Act, compulsory copyright license granted qua the repertoire is not limited to any pa...;(ii) the respondent no. 3 in each of the appeals, while making complaint/application under Section 31(1)(b) of the Copyright Act had sought compulsory ...