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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. Thus, this proviso implies that royalties accrue upon utilisation of work except communication to the public of film (playing movie) at cinema hall.
Rights to distribute and reproduce the work exclusively, as well as the right to grant a license that will allow the copyright holder to collect royalties, are included in this property. Right to communicate the work to the public. Master copyright and composer copyright are the two main categories of music copyright.
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.
This will potentially impact the copyright licensing landscape insofar as filmmakers will have to enter into dedicated agreements to claim protection for works not listed within the scope of Section 17. Microsoft Technology Licensing v. the licensee. The judgement was authored by Justice C. Telefonaktiebolaget LM Ericsson (PUBL) v.
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