The Delhi High Court on 23rd December 2016
issued an injunction against Music Licensing bodies PPL, IPRS & Novex from
granting licenses as registered copyright societies.
The Event & Entertainment Management
Association of India (EEMA) has been working towards regularising and
streamlining the Music Licensing regulatory framework for many years now. It
has been engaged in a long, slow but constant legal battle against the
exploitation by the so called ‘Registered Copyright Socieities’ who charge
‘Royalty’ for music played out at events. There are cases going on in seveal
courts by various associations & individuals against the malpractices being
administered by these so called copyright societies.
EEMA had recently filed a fresh writ in Delhi
High Court wherein it was highlighted that despite the fact that currently
neither of the bodies issuing ‘licenses’ are infact Registered Copyright Societies
– PPL / IPRS & Novex, however they still continue to grant licenses and
continue to be in the business of granting licenses. The court took serious
notice of the matter and issued an INJUNCTION in favour of EEMA restraining all
these parties from issuing licenses unless they are registered under section 33
of the Indian Copyright Act.
Comments by Ankur Kalra, Secretary (Legal)EEMA
The Music Licensing lobby (PPL / IPRS / Novex)
has been engaged in illegal issuance of licenses since over two years now and
flouts all laws by openly threatening venues to stop events unless the license
is procured. Venues in turn pressurise event managers to do the same who
despite knowing that it is wrong are forced to procure these licenses in order
to safeguard their events. The music licensing ‘societies’ today are private
limited companies operating purely for profit and very little or no money
actually reaches the artists. It has become an organised syndicate and when we
highlighted the same to the court we got an injunction almost immediately. We will take this battle forward and ensure
that all event managers, venues &police departments are educate on this
matter so that they are not part of the exploitation.
Quote by Abhishek Malhotra, Legal Counsel EEMA
The music industry has been going through a
flux. While the law clearly provides that issue and grant of licenses can be
done only through a registered copyright society, these 3 entities have been
effectively carrying on this business in violation of the clear legal
provisions. This order as well as the government of india's endorsement of the
issues facing the users of music is therefore a welcome development.
