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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'.
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.
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