Recently, ISRA came across an Advertisement titled Dream 11 IPL only on DisneyPlusHotstarVIP. Wherein, Disney + Hotstar has used the song Ek Doosre Se Karte Hai Pyar Hum, which has been performed by Sudesh Bhosle.
The advertisement’s use of the song, Ek Doosre Se Karte Hai Pyar Hum, from Hum, sung by Sudesh Bhosle without paying the Singer’s the Statutory Right to Receive Royalty (“R3”) under the Copyright Act, 1957 to ISRA and obtaining the ISRA Collection Clearance Certificate (“C3”) thereby amounts to the infringement of the Singers’ Copyright.
The song is used in the background and forms an essential and integral part of the advertisement, without which the advertisement is ineffective and incomplete.
With the publicity of the IPL20, ISRA found that Disney + Hotstar started to air an advertisement on all modes and platforms containing the recorded performance of ISRA’s singer member (Sudesh Bhosle).
The use of a song in a commercial advertisement like this without paying the requisite royalty and obtaining the Clearance Certificate amounts to a violation of the R3 rights as enjoyed by ISRA’s members by virtue of the 2012 Amendment.
Taking to the occasion, Mr. Sanjay Tandon, Founder & CEO of ISRA, comments,
“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 Royalty which has been denied to them from ages. Indian Parliament Unanimously accorded this Right to Singers in 2012 and ever since ISRA has collected the Singers Royalty from Users (though the majors are still in negotiations) and Distributed Royalties, 2602 Singers, till date. We are committed to collect Singers Due Royalty soon. At present we have just touched the tip of the ice-berg,”
He further assures,
“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 Royalty and pay up the royalties without any fuss, thereby showing that they care for Singers and their contribution”.
Therefore, as originally sung by Sudesh Bhosle, for Hum, has been incorporated in the advertisement without obtaining the Clearance Certificate and not paying ISRA the said Singer Royalty and in fact, has started to be broadcasted and viewed by millions of people across the globe, Disney + Hotstar have in fact infringed on the Copyright of the Singers Right to Receive Royalty (“R3”) and have now been served a Legal Notice by ISRA asking them to adhere to the Law and pay the Royalties as per ISRA’s Tariff Scheme available on its website.