INDIAN PERFORMING RIGHT SOCIETY LTD. versus EASTERN INDIA MOTION PICTURES ASSOCIATION

Citation: [1977] 3 S.C.R. 206 · Decided: 14-03-1977 · Supreme Court of India · Bench: V.R. KRISHNA IYER · Disposal: Dismissed

Judgment (excerpt)

A 
B 
c 
D 
E 
F 
G 
H 
206 
INDIAN PERFORMING RIGHT SOCIETY LTD. 
v. 
EASTERN INDIA MOTION PICTURES ASSOCIATION 
March 14, 1977 
[V. R. KRISHNA }YER AND JASWANT SINGH, JJ.) 
Copy Right Act (Act 14 of 1957), 1957-Whether in view of the pro-
visions of the Copy Right Act 1957 an existinJ? and future rights of nHtsic . ... 
c(imposer, lyricist is capable of assignment under s. 18 when he grants a licence 
or permission uls. 30 to an author (owner) of a cine1natograph film for its 
incorporation in the ~·ound track of a cinen1atocraph film-Whetht!r the pro-
ducer of a cinematograph film can defeat the same by engaging i;1 the ~~ame 
person: Scope of ss. 2(d), (f), (j), (m), (p), (q), (r), (v), (y), 13, 14, 17, 
18, 19, 22, 26, 30 and 34 of the Act. 
The appellant society was incorporated in terms of section 2(r) of 
the 
Copyright Act, 1957 (Act 14 of 1957), in tho State of Maharashtra on August 
23, 1969 as a company limited by guarantee for the purpose of carrying on 
business in India of issuing or granting licences for performance in public of 
aH existing and: futar-e Indian musical works in which copyright within 
the 
meaning of s. 13 subsists i_n India. The appellant company has amongst its 
members the composers of musical works, authors of literary and dramatic 
works and artistes. In accordance with the provisions of section 3 3 of the 
Copyright Act, the appellant published on September 27, 1969 and Novem-
ber 29, 1969 in the "Statesman" and the Gazette of India respectively a tariff 
laying down the fee:-s, charges and royalties that it proposed to collect for the 
grant of licences for perlormance in public of works in respect of which it 
claimed to be an assignee of copyrights and to have authority to grant the 
aforesaid licences. A number of persons including various associations of 
producers of cinematograph films including the sound track thereof and the 
Cinematograph Exhibitors Association of Iitdia filed objections in respect of 
the tariff before the Copyright Board in accordance with the provisions 
of 
section 34 of the Act, repudiating the rights of the appellant. The Copyright 
Board held : ( 1) In the absence of proof to the contrary, the composers of 
lyrics and tnusic retained the copyright in their musical works incorporated in 
the sound track of cinematograph films provided such lyrical and rriuskal works 
were printed or written and that they could assign the performing right -in 
public to the appellant. 
(2) The tariff as published by the appellant was 
reasonable. 
(3) The appellant had the right to grant licences for the public 
performance of music in the sound track of copyrighted Indian cinematograph 
films and (4) It could collect fees, royalties and charges .in respect of those 
films w.e.f. the date on which the tariff was published in the Gazette of India. 
The High Court a1Jowed the appeal preferred by the respondents under s. 72 
of the Act and held: (i) Unle-ss there is a contract to the contrary, a com-
poser who composes ~ lyric or music for the first time for- valuable consider-
ation for a cinematograph film does not acquire any copyright either in respect 
of film or its sound track which he is capable of assigning. (ii) Under pro-
viso (b} to section i 7 of the Act, the owner of the film at v.·hose instance 
the composition is made becomes the first owner of the copyright in the com-
position. (iii) The composer can claim a copyright in his work only if there 
is an express agreement between him and the owner of the cinematograph 
film reserving his copyright. 
(iv) Though section 18 of the Act confers power 
to make· a contract of assignment, the power can be exercised only when there 
is an existing or future right to be assigned and that in the circumstances of 
the present case, assignment, if any, of the copyright in any future work is 
of no effect. 
In appeal by certificate to this Court, the appellant contended (I) The 
author (composer) of a literary or musical work has copyright which inclu-
des. inter a/ia, the exclusive right (a) to perfor1n the work in public and 
I.P.R. SOCIETY v. E.I.M. PICTURE (Jaswant Singh, J.) 
207 
(b) to make any cinematograph film or a record in respect of the work. 
A 
(2) That copyright iin a literary or musical work is infringed by any person if 
'vithout a licence granted to him by the owner of the copyright, he makes a 
.cinematog;raph film in respect of the work or perlorm the work in public by 
~xhibiting the cinematogr

Excerpt shown. Read the full judgment & AI analysis in Lexace.