Indian Performing Rights Society v Eastern Indian Motion Pictures Assn
[AIR 1977 SC 1443, (1977) 2 SCC 820, [1977] 3 SCR 206]
Coram: Division Bench comprising of Hon’ble Justice V.R. Krishna Iyer and Hon’ble Justice Jaswant Singh.
Forum: Hon’ble Supreme Court.
Case No.: Civil Appeal No. 967 of 1975.
Date of Decision: March 14, 1977

Facts:

  • The Indian Performing Right Society Ltd. (IPRS) was incorporated on August 23, 1959, in Maharashtra. It issues licenses for public performances of Indian musical works where copyright subsists in India. The IPRS includes composers of musical works, authors of literary and dramatic works, and artists among its members.
  • Various associations of producers of cinematograph films, claiming ownership of such films and their soundtracks, and the Cinematograph Exhibitors Association of India were the Defendants. They objected to the IPRS's tariff for licenses for public performances of musical works in cinematograph films.
  • The case was filed due to objections raised by the Defendant association regarding the IPRS's authority to grant licenses for public performances of musical works incorporated in the soundtracks of cinematograph films and to collect fees, charges, or royalties related to these films.

Background/ Procedural Posture:

  • The associations of cinematographic films objected before the Copyright Board. The Board opined that copyright belonged to the music composers and they could assign public performance rights to IPRS.
  • The Calcutta High Court overturned the Board's decision, stating that producers, not composers, held the copyright.
  • The Appellants, dissatisfied with this ruling, preferred an appeal before the Supreme Court under Article 133(1) of the Constitution.

Main Issue:

Can the film producer become the copyright owner of the music by hiring the composer?.