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Royalties can be defined as a sort of variable consideration for the utilisation of work, for a public performance or selling of a copy. Section 18(1), 3 rd proviso states that the right to receive royalties cannot be waived or assigned or licensed except to legal heirs or copyright society for distribution and collection.
To celebrate the start of this event, this Kat has found a recent judgment issued by the Tribunal judiciaire (TJ) of Lyon [ the birthplace of cinema ] concerning a case of copyright infringement relating to the still of a short film. Every year in May, the Cannes Film Festival takes place. But, for once, there was no question of originality.
The transformed state of music now also includes remixes which on a substantial purview might engage in conflict with the foundational legal rights of the music produced by the musician. Right to communicate the work to the public. Image Source: Shutterstock].
This landmark decision recognizes the rights of the authors, which were long overdue and often neglected, despite being enshrined under the Copyright Act via the 2012 amendment. It is now absolutely clear that authors are now entitled to royalties for the commercial use of sound recordings, except when screened in cinema halls.
The judgement was passed in a matter concerning an interim injunction application filed by the Indian Performing Rights Society (IPRS) against FM Radio Broadcast channels for unauthorised broadcast of the works of IPRS members. HULM Entertainment v. Meticulous Market Research Pvt.
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