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IP Case Law › Copyright › Entertainment Network (India) Ltd. v. Super Cassettes Indust…

Copyright Ragulika IP case note

Entertainment Network (India) Ltd. v. Super Cassettes Industries Ltd.

CourtSupreme Court of India
BenchHon'ble Justice S.B. Sinha and Hon'ble Justice Lokeshwar Singh Panta
Case numberCivil Appeal No. 5114 of 2005
Citation(2008) 13 SCC 30
Judgment date16 May 2008
IP categoryCopyright
PartiesEntertainment Network (India) Ltd. (Appellant) v. Super Cassettes Industries Ltd. (Respondent)

Relevant Acts and provisions

Copyright Act, 1957

Section 31

Provisions considered: Section 31 of the Copyright Act, 1957, on compulsory licensing of broadcasting rights in sound recordings.

Brief facts

An FM radio broadcaster sought a compulsory licence from the Copyright Board under Section 31 to broadcast sound recordings owned by a major music label, after negotiations over royalty terms failed. The label contended that it had already voluntarily licensed its recordings to some broadcasters and that no further licence could be compelled once such licences existed.

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Keywords

Broadcasting Rights Compulsory Licence Copyright Board Music And Sound Recordings Public Interest

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