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Andhra HC stays action against Radio City

RnMTeam by RnMTeam
February 7, 2009
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Andhra HC stays action against Radio City
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MUMBAI: The dispute between radio players and royalty collection societies in the country is getting murkier.
The Andhra Pradesh High Court has issued a stay order against criminal proceedings initiated by the music copyright protection society IPRS against Radio City CEO Apurva Purohit on 29 January 2009.

On the other hand, Radio City has filed a civil case in the Mumbai High Court against IPRS, where Radio City is challenging IPRS’ locus standi to collect royalty. The matter is currently sub-judice.

The IPRS has been flaunting the fact that the Hyderabad High Court has not cancelled a Non Bailable warrant against Radio City CEO Apurva Purohit for failing to appear for the January hearing of IPRS’ original case in Hyderabad, but has directed the police authorities to temporarily stay the arrest for time being till 26 February 2009 as ‘an enquiry may be conducted and also to give notice to the complainant’.

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To recap, the IPRS had filed a criminal complaint before the Additional Chief Metropolitan Magistrate court at Hyderabad against Music Broadcast Pvt Ltd, its directors and CEO Apurva Purohit for infringing the copyright of its members and for not obtaining the mandatory license under Copyright Right Act, 1957 before airing film songs on the station.
The IPRS has been contending that Radio City has been airing the film songs without obtaining the valid license from IPRS.

According to the IPRS, the violations have gone on despite various communcations and legal notices to the FM station. The non bailable warrant was issued after two hearings when Purohit did not appear in person but sent her cousel instead.

Radio operators and royalty collection societies PPL and IPRS have been at loggerheads over the issue of music royalty for several months, and the matter is now being heard by the Copyright Board which met last week. Both parties have now been asked to furnish evidences in their favour by the end of March, after which hearings will begin. The IPRS is currently locked in litigation with the Muthoot Group and the Mathrubhoomi Group, both of which run FM stations in cities in the south, over the issue of music royalty.

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