Delhi High court restrains FM station from violating music copyright

New Delhi: The Indian Performing Rights Society Limited secured an injunction against Hello FM Radio (Malar Publications Limited) from the Delhi High Court restricting Hello FM Radio from playing music without obtaining a license from The Indian Performing Right Society Limited (IPRS).

This order technically means that the Hello FM Radio Station would either have to stop broadcast, obtain a license, or both. Lawyers Praveen Anand, Ameet Datta, Bhagwati Prasad and Shrawan Chopra represented IPRS.

This order is a warning to other similar establishments operating without a license and violating copyright laws.

IPRS is a non-profit making company authorised under section 33 of the Copyright Act 1957 to operate as a copyright society for 'musical works' and 'literary works' performed along with the 'musical works'. IPRS has more than 1500 members who are local composers, lyric writers and publishers and also represents international music.

All users of music including radio stations, television stations need to obtain a 'license for public performance' whenever they broadcast or perform or play these literary and musical works, prior to the event or broadcast, if it is to avoid being in a violation of the Copyright Act, 1957.

According to Rakesh Nigam, CEO, IPRS, "The consumption of entertainment is changing and so will the earning pattern for artists. Newer forms of entertainment need to compensate artists adequately. The ruling will set the correct bench mark "

With the advent of the FM Radio industry starting in India there have been numerous court cases where private broadcasters have circumvented the rights of the 'copyright holders', which Indian courts have been quick to remedy.