The Department of Promotion of Industry and Internal Trade (“DPIIT”), on 18.06.2021, has granted registration to Recorded Music Performance Limited (“RMPL”) as Copyright Society under the provisions of Section 33(3) of the Copyright Act, 1957 thereby permitting RMPL to commence and carry on the copyright business in SOUND RECORDING WORKS.
What is a Copyright Society?
Copyright societies are societies formed by authors and owners of Original Works in which Copyright subsists. Such societies grant licenses to applicants for commercial exploitation of their Works and in return earn royalty. It is impossible for an author/owner of Original Work to keep a track on all the users of his/her Work, earn royalty or take actions against any unauthorized use. In order to overcome such difficulties the authors/owners become members to Copyright societies and license their Works for commercial exploitation. Such societies are also authorized to take actions against infringers on behalf of the Owners of Copyrights.
Copyright Society is a society registered under the provisions of Section 33 of the Copyright Act, 1957. Registered Copyright Society:
As per Section 33(3) of the Copyrights Act, 1957 the Central Government shall not ordinarily register more than one copyright society to do business in respect of the same class of works. There are different Copyright societies registered depending on the category of Work. As on today, following are the registered Copyright Societies:-
- For Literary works associated with Musical Works: The Indian Performing Right Society Limited (IPRS)
- For Reprographic (photo copying) works: Indian Reprographic Rights Organization (IRRO)
- For Performers (Singers) Rights: Indian Singers Rights Association (ISRA)
- For Sound Recordings (records) Works: Recorded Music Performance Limited (RMPL)
RMPL is not the first Copyright Society to be registered for Sound Recording Works. In fact, Phonographic Performance Limited India (PPL) was the first Copyright Society registered for Sound Recording Works till May, 2014. Its members consisted all popular music labels like T-Series, Saregama, Universal Music, Venus Music, and the like. An application for re-registration of PPL was rejected by the Registrar of Copyrights, against which it had moved to Delhi High Court. Apart from reconsidering and reversing the Registrar's decision, one of the plea of PPL was to restrain the Copyright Office from registering any other copyright society with respect to sound recordings.
On 2nd June, 2021 the Delhi High Court passed an order declining such an injunction but restrained the Copyright Office to not take any action 'inconsistent with this position' during the pendency of petition of PPL for revival of its registration.
It would be interesting to note that if PPL's plea for re-registration is granted, will the registration of RMPL for similar work, i.e. Sound Recording be considered as 'inconsistent'.
