New Delhi: Entertainment Network (India) Limited (ENIL), the owner of Radio Mirchi FM, has approached the Supreme Court in a dispute with various music copyright owners, over rate of royalty paid for broadcasting music. ENIL has sought transfer of all cases pending in different High Courts on the same issue so that the Supreme Court may hear the case.
Supreme Court today issued notices to respondents which include Phonographic Performance Ltd (Copyright Society, with around 200 members), Super Audio Pvt Ltd, South Indian Music Companies Association, Super Cassettes Industries Ltd among others. The apex court bench of Justice Altamas Kabir and Cyriac Joseph, while giving time to respondents for filing their replies, also sought detailed chart of all the cases on the issue pending in various courts across the country from ENIL.
Arguing for ENIL Senior Counsel Abhishek M. Singhvi and advocates Pratibha Singh and Abhinav Mukerji, argued that all petitions across the country including in Delhi, Mumbai, Karnataka, Chennai, and Calcutta are on same question of rate of royalty and challenge the Copyright Board’s order dated 25.08.2010.
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Earlier on 25.08.10, Copyright Board, after a Supreme Court directions, decided to fix the rate of royalty at 2 per cent of the net advertising revenue of each radio station including ENIL. This 2 percent royalty was to be proportionately divided on the basis of usage of works owned by different copyright owners.
Petitioner ENIL is a subsidiary of Bennett, Coleman & Company Limited and owns 32 radio stations across the country under brand name of Radio Mirchi 98.3 FM. ENIL claims that in a deliberate and concerted strategy and effort, the members of music industry who include Copyright owners… have started filing petitions in different high courts challenging the same order of the Copyright Board in a manner which clearly smacks of forum shopping…. (By special arrangement with lawetalnews.com)
