Resounding Victory For Copyright 'Agents'

Indian copyright jurisprudence has time and again been faced with the question of validity of copyright societies particularly ones dealing with musical works and sound recordings. Cases in point include the Indian Performing Right Society (IPRS) and Phonographic Performance Limited (PPL), two entities that manage licensing of music, that have long struggled for recognition under the Copyright Act, 1957 [the Act], at times claiming themselves to be 'Copyright Societies' and at other times claiming themselves to be 'owners' or 'agents' of the original copyright owner. The Bombay High Court in Novex Communications Pvt Ltd v. Trade Wings Hotels Limited [Commercial IP Suit No. 264 OF 2022] was faced with the question whether PPL and another entity managing licensing of sound recordings, Novex, were entitled to seek relief without being registered as 'copyright societies' under the Act.