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The 2012 amendment in Copyright Act has introduced various provisions, one of them being section 31 D. This section is concerned with the broadcasting or performance of a literary or musical and sound recording, which has already been published. Broadcasting or performance of such work can be done by issuing a prior notice of the intention to broadcast the work and by paying royalty to the rights holder, as fixed by the Copyright Board. However, the term "Copyright Board" in the Act has been substituted with "Appellate Board" as per the Finance Act, 2017. This was held by Justice Kathawallah by rejecting the defence of 'Wynk Music', an online music streaming application, in a copyright infringement suit filed by music company tips music ltd. even after expiry of license he downloaded online music . In conclusion court said that restrict the grant of statutory license under section 31d of radio and television broadcasting.
Plaintiff’s right provided in Section 14(1)(e)(iii) of the Act; and that the provisions of Section 31-D of the Act are not applicable to internet broadcasting, it is necessary to grant reliefs in favour of the Plaintiff in terms of prayer clause (a) of both the Notice of Motions. The present Notice of Motions is therefore allowed stated by (S.J. KATHAWALLA).
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