Copyright owner can issue licences even if not a registered society: HC

The court held that PPL, being the owner of the copyright in the songs, was entitled to issue licenses for their use, even though the latter was not a registered copyright society

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The Delhi High Court on Monday restrained Azure Hospitality Private Limited (owner of popular restaurants such as Mamagoto, Dhaba, Sly Granny, Fox Trot, etc.) from playing Phonographic Performance Limited (PPL) songs on the premises of their restaurants without an appropriate licence.

 

The court held that PPL, being the owner of the copyright in the songs, was entitled to issue licences for their use, even though it was not a registered copyright society.

 

"The role of a copyright society, as envisaged under the provisions of the Copyright Act, is only for the purposes of collection of fees/royalties as an agent of the copyright owners," the court order stated.

 

The court took into account that the right to grant a licence for its works was an inherent right of a copyright owner under Section 30 of the Copyright Act and that Section 33(1) of the Copyright Act could not override such an inherent right.

 

Section 30 of the Copyright Act, 1957, allows copyright owners to grant licences for their work. Section 33(1) of the Copyright Act, 1957, states that only registered copyright societies can issue licences for works that have copyright.

 

"Section 33 of the Copyright Act comes into play only where owners, who are members of a copyright society, have assigned the right to grant licences to a copyright society," the court said.

 

The court noted that Azure had not denied that they were playing PPL’s songs on their premises and were, therefore, admittedly infringing PPL’s copyright. Azure was restrained from using PPL’s songs until the final disposal of the suit.

 

PPL was represented by senior advocates Rajiv Nayar and Chander M Lall, along with Ankur Sangal, partner at law firm Khaitan & Co, and his team comprising Sucheta Roy, principal associate; Raghu Vinayak Sinha, senior associate; and Shaurya Pandey, associate.