Revival of Re-Registration Application of Phonographic Performance Limited

Recently, the issue relating to the rejection of application for re-registration as a Copyright Society has been decided in Phonographic Performance Limited v/s Union of India W.P.(C) 5735/2021 by Single Bench of Delhi High Court comprising of Hon’ble Mr. Justice Prateek Jalan on 02, June 2021.

Phonographic Performance Limited had challenged the previous order of 25 May 2021 of the Government of India. They further applied for re-registration as a copyright society under Rule 47 of the Copyright Rules, 2013. The Government rejected the application upon the contention that it had withdrawn its application earlier and later made a subsequent belated application. The two legislations, The Copyright Act, 1957 and the Copyright Rules, 2013, were considered relevant.

The case’s main issue was deciding whether the petitioner’s application for re-registration was maintainable on merits.

The Hon’ble Court ordered that application of Phonographic Performance Limited for re-registration stand revived, and would require examination on its own merits. The Court stated that the Government of India shall not take any action inconsistent with the Court’s Order during the pendency of the petition and further directed the Government to inform each applicant about the pendency of the petition as well as the contents of this order, while considering any other application for registration in interim.

In this order, the Hon’ble Court has very innovatively decided the issue relating to re-registration and renewal of Existing Copyright Societies Phonographic Performance Limited.

Reference: Phonographic Performance Limited v/s Union of India W.P.(C) 5735/2021