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IPRS wins injunction against orchestra organising company called Antardhwani

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The Hon’ble City Civil and Sessions Judge, Bengaluru, approved an ad-interim injunction in favour of The Indian Performing Rights Society Limited (IPRS). The injunction was issued against an orchestra organising company called Antardhwani, in relation to a live event.

The live event, The Kings of Rhythm-2 was scheduled on 31st May at Chowdiah Memorial Hall in Bengaluru. The line-up included Biju Nair where the band performed songs of O.P Nayyar and R.D Burman. It was also advertised as a “Fiery Tribute to O.P Nayyar and R.D.Burman.”

The matter was brought to the City Civil and Sessions Judge on the 30th of May. Thus, the Court was informed on Antardhwani’s tenacity in not seeking a copyright license for the same event from IPRS. The Copyright Act 1957, exclusively authorises IPRS to grant licenses in respect of any work in which copyright subsists.

Additionally, Antardhwani did not respond to the legal letters sent to them by IPRS. The notices stated them not to perform/allow to be performed and/or communicate to the public works belonging to IPRS’s repertoire without obtaining licenses from IPRS.

The injunction made the event organisers subsequently pay the license fee as directed by the Hon’ble Court.

A place for saving grace?

In case an ex-parte order was passed, no harm would cause the organizers and the venue of the event, the Court affirmed. Meanwhile, IPRS and their team members would be at a loss if the event goes on without paying the license fee to them. Ironically, Antardhwani had previously obtained licenses from IPRS for events organized by them in the past.

The Court held that IPRS had established a prima facie case to show rights in its favour.

IPRS rights include musical works and associated lyrics in all major Indian languages. They are the sole registered copyright society in India in this respect. It is hailed to be the world’s fastest-growing copyright society.

IPRS has earlier also instituted a lawsuit against Telecom operator Vodafone before the Calcutta High Court where the Court directed Vodafone to deposit INR 2.5 Crores with the court registry.

IPRS, a re-registered Copyright Society in November 2017 under Section 33 of the Copyright Act, 1957, administers 4000+ rights. It is India’s only registered copyright society for authors (lyricists), music composers and music publishers.

 

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Aakanksha Sharma

Author: Aakanksha Sharma

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