A lot of people are not aware, or atleast not very clear about the functioning of IPRS. They often ask, What is the business of IPRS? Well, in short, the business of IPRS is to issue Licences to users of music and collect Royalties from them, for and on behalf of its Members i.e. the Authors, the Composers and the Publishers of Music and distribute this Royalty amongst them after deducting its administrative costs. The IPRS came into existence on 23rd August 1969. The IPRS is a representative body of Owners of Music, viz. The Composers, Lyricists (or Authors) and the Publishers of Music and is also the sole Authorised Body to issue Licences permitting usage of Music within India by any person. Composers are those who are better known as Music Directors, Authors are better known as Lyricists, Publishers of Music are the Producers of Films and Music Companies, or those who hold Publishing Rights of the Musical Works. The Society is a non-profit making Organisation and is a Company Limited by Guarantee and Registered under the Companies Act, 1956. It is also registered under Section 33 of the Copyright Act, 1957 as the Only Copyright Society in the Country to do business of issuing Licenses for usage of Music. In other words, IPRS is the only National Copyright Society in the Country which is permitted to commence and carry on the Copyright Business in Musical Works and any Words or any Action intended to be sung, spoken or performed with the music. It has received the Certificate of Registration from the Registrar of Copyrights dated 27-3-1996.  

17.12.2008

Present:-
Mr. Chetan Sharma, Sr. Advocate with
Mr. S.K. Bansal and Mr. S.P. Ojha, Advs. for the Petitioner
Mr. V.P. Kapur, Sr. Advocate and Mr. Ameet Datta
and Mr. Thomas George, Adv. for Respondent No.4
Mr. A.S. Chandhiok, Sr. Advocate with Mr. Jagdish Sagar, Adv. for the Respondent No.2 & 3

CM Nos.17136/2008 & 17196/2008 in WP(C) No.5422/2008

Notice. Learned counsel for the petitioner accepts notice. Learned counsel for the applicants submit that in view of the pendency of the writ petition, respondents are unable to initiate action against the petitioner, counsel relies on a communication received by them, copy of which has been filed as annexure-C to the application, wherein the petitioner has stated that “the matter is currently under subjudice (sic) and hence no fee is payable till both IPRS and PPL clarify the grounds on which the license fee is being charged. Since there is no standardization on the fee structure, the same will be paid once the case is closed and a certain fee structure is agreed upon by both EEMA and the licensing societies”.

Having regard to the fact that while issuing notice in this matter no interim protection has been granted to the petitioner, I find no further orders are required to be passed in these applications and the same are disposed of. Respondents are free to initiate such action as may be available in accordance with the law. Applications stand disposed of.

Sd/-

(G.S. SISTANI), J

DECEMBER 17, 2008