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ARTICLE · 01 AUGUST 2025

Licensing At What Cost? Delhi Hc Flags Arbitrary Tariffs By PPL

S.S. Rana & Co.
S.S. Rana & Co.
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The case of "Al-Hamd Tradenation vs Phonographic Performances Limited" centered on the issue of whether demanding exorbitant licensing fees constitutes a refusal under Section 31 of the Copyright Act, 1957, and whether such refusal would justify the grant of a compulsory license.

IndiaIntellectual Property

INTRODUCTION

The case of"Al-Hamd Tradenation vs Phonographic Performances Limited"centered on the issue of whether demanding exorbitant licensing fees constitutes a refusal under Section 31 of the Copyright Act, 1957, and whether such refusal would justify the grant of a compulsory license. While addressing the balance between copyright holder's rights and public access to creative works, the Hon'ble High Court of Delhi passed an Order dated May 13, 2025, against Phonographic Performances Limited, holding that refusal to offer reasonable licensing terms to the Licensee would constitute as withholding work from the public under Section 31 of Copyright Act, 1957.

BACKGROUND OF THE CASE

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