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IP Case Law › Copyright › Tips Industries Ltd. v. Wynk Music Ltd. & Anr.

Copyright Ragulika IP case note

Tips Industries Ltd. v. Wynk Music Ltd. & Anr.

CourtBombay High Court
BenchHon'ble Justice S.J. Kathawalla
Case numberNotice of Motion (L) No. 197 of 2018 in Commercial Suit IP (L) No. 114 of 2018
Citation2019 SCC OnLine Bom 13037
Judgment date23 April 2019
IP categoryCopyright
PartiesTips Industries Ltd. (Plaintiff) v. Wynk Music Ltd. & Anr. (Defendants)

Relevant Acts and provisions

Copyright Act, 1957

Section 14Section 30Section 31D

Provisions considered: Sections 14, 30 and 31D of the Copyright Act, 1957, on the statutory licence for broadcasting.

Brief facts

A music label holding copyright in sound recordings had licensed its catalogue to an internet streaming and download service under an agreement that expired in 2017. Renewal negotiations failed over royalty terms, after which the service continued making the label's songs available for streaming and download by invoking the statutory licence for broadcasting under Section 31D, tendering royalty into escrow at rates…

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Keywords

Assignment And Licensing Broadcasting Rights Digital Platforms Music And Sound Recordings Statutory Licence

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