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NEWS: Hotels In Goa Restrained From Playing Music Without Royalty

Vidisha Barua / Financial Express

 New Delhi, January 18: The Delhi High Court has restrained a number 
of hotels in Goa from playing music, the copyright for which vests 
with the Indian Performing Right Society Ltd, through cable or 
otherwise without paying licence fees and royalty. 

Justice Manmohan Sarin said that he was "satisfied that a prima 
facie case has been made out for ad interim injunction against the 
defendants."

The next date of hearing has been fixed for July 9. 

The hotels made parties in the suit are Kamat Inns Pvt Ltd, Hotel 
Nova Goa, Hotel Golden Goa and Kamat Holiday Homes. 

Counsel Praveen Anand appearing for the society submitted that it 
had the copyright in the lyrics and composition of various musical 
works played in the hotels. He alleged that the hotels had paid 
licence fees up to 1993-94 and had stopped thereafter.

Despite non-payment of licence fees, the hotels were violating the 
copyright to protect the interest of the artists. Mr Anand submitted 
that despite repeated reminders, the hotels failed to renew their 
licence contracts and pay the outstanding fees. 

 Mr Anand submitted that the Indian Performing Right Society is a 
non-profit making body established in August 1969 to monitor, 
protect and enforce the rights of its members comprising authors, 
composers and publishers of musical works both in India and abroad. 

He further submitted that the plaintiff is a registered copyright 
society under Section 33(3) of the Copyright Act, 1957 and has 
received the certificate of registration from the union government 
authorising it to carry on the copyright business in musical works 
and any words or action intended to be sung, spoken or performed 
with the music. 

The society is also affiliated to 194 societies of authors and 
composers across the globe. The primary task of the society is to 
collect royalties and thereafter give it to the owners of the 
copyright in the music, whose interest it represents.

http://www.financialexpress.com/fe_full_story.php?content_id=26240

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