Indian Performing Right Society Ltd. v. Eastern India Motion Pictures Association & Ors.

Relevant Acts and provisions

Copyright Act, 1957

Section 13(4)Section 14(1)(c)Section 17

Provisions considered: Sections 13(4), 14(1)(c) and 17 of the Copyright Act, 1957, on copyright in film music.

Brief facts

The Indian Performing Right Society, a copyright society formed by composers, lyricists and publishers, sought to collect royalties from cinema owners and exhibitors whenever music composed for films was publicly performed. Film producers and their association resisted, contending that once a composer or lyricist was engaged by a producer for valuable consideration to create music for a film, the producer became the first owner of copyright in the film, including its musical component, under Section 17. The Copyright Board substantially ruled against the Society, and the matter reached the Supreme Court.

Issues before the Court

1. Does the producer of a cinematograph film become the owner of copyright in music composed for the film under Section 17?
2. Do composers and lyricists retain an independent right to performing royalties once their work is incorporated into a film with their consent?

Court's findings

The Court held that where a composer or lyricist creates a musical or literary work for a film producer for valuable consideration under an agreement of engagement, the producer becomes the first owner of copyright in that work by virtue of Section 17, in the absence of a contract to the contrary.

The Court held that once the composer's music is incorporated into the soundtrack of the film, the producer acquires the sole and exclusive right under Section 14(1)(c) to perform the film, including its music, in public.

The Court held that a composer or lyricist has no independent performing right to prevent, or to charge royalty for, the public exhibition of the film with its soundtrack once the film has been lawfully made, since Section 13(4) does not create any interest for the composer separate from the producer's copyright in the completed film. The Court clarified, however, that this did not affect a composer's right to separately perform or license the same musical work otherwise than as part of the film.

Subsequent history: The legislative position on composer and lyricist royalties was subsequently altered by the Copyright (Amendment) Act, 2012, which inserted provisos to Sections 17, 18 and 19.

Decision

Appeal dismissed; the Society was held not entitled to collect performing royalties from exhibitors of films whose music was composed under commission from the producers.

Keywords

Assignment And Licensing Cinematograph Film Copyright Society First Ownership Music And Sound Recordings