ISRA has served a legal notice on Disney + Hotstar, YouTube, Facebook, Triller, Roposo and Takatak with a request to pay up the singers their royalties. ISRA has offered an opportunity to these platforms to discuss and conclude this Copyright obligation that falls on them.
“Singers ought to get their rightful dues as stipulated by the Copyright Act and ISRA is all set to enforce their Right to Receive Royalty and procure for the Artists of the Country their Royalty. The Indian Parliament unanimously accorded this Right to Singers in 2012 and ever since, ISRA has been collecting and distributing royalties to the Singers. Unfortunately, the major users still refuse to adhere to their copyright obligation towards singers,” said Sanjay Tandon, Founder and CEO, ISRA.
OTT platforms generate revenue by virtue of the performances of the ISRA Singer members being uploaded on their websites. ISRA claims that neither they nor their members have received any royalty from these platforms. This is a violation of the Singers Right to Receive Royalty as granted under the Copyright Act, 1957 in 2012.
“We are Singers and we don’t believe in noise but in melody and harmony and that’s why we expect Users to respect Singer’s and their newly given Right to Receive Royalty (R3) and pay up the royalties without any fuss, thereby showing that they really care for Singers and their contribution. We have indicated that we would not like to disturb the Courts for this and are open to conclude this issue amicably in the spirit of building a relationship,” assured Tandon.
The Copyright Amendment Act, 2012 (“2012 Amendment”) has granted the performers/singers inalienable Right to Receive Royalty (“R3”) from the utilisation/ exploitation of their performances by any means and through any medium of diffusion by any person/entity at any place.
Therefore, by virtue of the 2012 Amendment, the Performer’s Rights Clearance Certificate (Collection Clearance Certificate – C3) from ISRA is a prerequisite for playing/performing the recorded performance of the members of the ISRA and of its affiliated societies by paying the prescribed Royalty to ISRA.
This Clearance Certificate is in addition to any other license that one may require from any other Copyright Society(s).
The new Right to Royalty came into being with the recent 2012 amendments and is in addition to any Licenses that the platforms are required to take to make the content available. The payment to ISRA is towards “Right to Receive Royalty” (“R3”) of the Singers once their recorded performances are used/exploited for commercial use.
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