Statutory Licensing Of Copyrights In India-Scope Demarcated

Introduction:

Since the introduction of statutory licensing of copyrights in 2012 through an amendment to the Copyright Act 1957("the Act"), the provision has been attracting controversy and time and again the scope of the provision and its constitutionality has been questioned. The recent tussle between Spotify and Warner Music Group has again brought this provision to the forefront and has raised issues regarding its scope and applicability. In the current dispute Spotify is trying to make use of the statutory license provision granted under Section 31D of the Act and expand it to cover streaming of music on the internet. Spotify is relying on an Office Memorandum issued by Central Government which expanded the scope of Section 31D to include broadcasting on the internet. However, Warner Music Group has filed suit to restrain Spotify from being able to play music from its catalog on the streaming service. In the light of the dispute we seek to analyse the scope of