Fair Play Questioned: PPL Faces Setback In Licencing Fee Dispute

The Court holds not making copyrighted work available on unreasonable terms could amount to refusal. The court emphasised the balance to be drawn between the interest of the owner of the copyright in protecting their works and the interest of the public to have access to the works

This interesting copyright case involves a petition filed by Al Hamd Tradenation, an event management company (Petitioner) against Phonographic Performance Limited (Respondent) under Section 31 of the Copyright Act, 1957, seeking a compulsory license and the determination of fair and reasonable license rates. Section 31 of the Copyright Act, 1957, provides for the grant of compulsory licenses in cases where the owner of the copyright has refused to republish or allow the performance of the work in public, or has refused to allow communication to the public by broadcast of the work or sound recording, on terms which the complainant considers reasonable