The Indian Singers’ Rights Association (ISRA) won yet another Delhi High Court case — restraining a club from playing its members’ songs without a Performers’ Rights Clearance Certificate. Here’s how the 2012 amendment’s inalienable Right to Receive Royalty works.
The case
ISRA sued Night Fever Club & Lounge, Delhi for infringing its members’ performers’ rights — the second such win in recent times (the first, two months earlier, against Chapter 25 Bar & Restaurant). The facts mirrored each other: live performances at the venue used ISRA’s repertoire without clearance.
ISRA’s investigation (Nov 2014) gathered evidence that the club continuously communicated its members’ music to the public. After a cease-and-desist asking the club to obtain a “Performers’ Rights Clearance Certificate,” the court (23 Dec 2014) restrained the club from communicating ISRA’s repertoire to the public without a licence. ISRA sought a permanent injunction, damages and rendition of accounts.
The legal basis — the 2012 amendment
ISRA was among the first copyright societies registered after the 2012 Copyright amendment, which strengthened performers’ rights via Sections 18, 19, 38, 38-A and 39-A:
- Section 38A(1): performers’ right is an exclusive right including making a sound/visual recording of the performance and “communication of it to the public.”
- Proviso to Section 38(2): the performer is entitled to royalties where the performance is made for commercial use.
- Fourth proviso to Section 18(1): an author of literary/musical work in a sound recording (not part of a film) cannot assign or waive the right to royalties, to be shared equally with the copyright assignee — any contrary assignment is void.
- Section 38-A: gives each singer the inalienable Right to Receive Royalty (R3) for commercial exploitation of their performance.
ISRA’s members had executed deeds of exclusive authorisation, making ISRA the exclusive owner of their performers’ rights to the extent of R3.
The ruling
Justice Kameswar Rao agreed the club was infringing the members’ right to receive royalties and that they were losing legitimate dues through the club’s refusal to pay. The court decreed a permanent injunction restraining use of the members’ songs, and ordered rendition of accounts of monies earned. Damages were declined for lack of evidence — but the court gave ISRA liberty to bring independent proceedings after the accounts, with costs of ₹20,000 to ISRA.
The takeaways
- Playing songs commercially needs performer clearance — a Performers’ Rights Clearance Certificate.
- R3 is inalienable — Section 38-A gives singers a non-waivable right to royalty for commercial use.
- Copyright societies can enforce — ISRA, holding members’ deeds, sued on their behalf.
- Injunction and accounts, but damages need proof — the court decreed the former, deferred the latter.
Frequently asked questions
Do I need a licence to play recorded or live music at my venue? Yes — commercial use of performers’ work requires clearance (a Performers’ Rights Clearance Certificate) and royalties to the performers, as ISRA enforced.
What is the Right to Receive Royalty (R3)? An inalienable right under Section 38-A for singers to receive royalty for the commercial exploitation of their performance — it cannot be waived.
Can a copyright society sue on performers’ behalf? Yes — ISRA, holding deeds of exclusive authorisation from its members, sued as the exclusive owner of their rights to the extent of R3.
What relief did ISRA get? A permanent injunction and rendition of accounts; damages were declined for lack of evidence, with liberty to pursue them after accounts.
Useful official resources
- The Copyright Act, 1957
- Copyright Office, India