Indian Performing Right Society Ltd. v. Harsh Vardhan Samor - (High Court of Bombay) (22 Dec 2015)

IPRS succeeds against "He Said She Said"

Intellectual Property Rights

Bombay High Court passed an order in favour of IPRS, restraining the Defendants from using musical works without its permission. Defendant club, 'He Said She Said', intended to use music, licence to exploit which rested with IPRS, at its 'New Year Night' event. Upon IPRS notifying Defendant of the need to obtain permission for the same, Defendant challenged the organisation's function as a purported Copyright Society. The Court determined that IPRS' application to re-register in 2013 as a Copyright Society had indeed lapsed, in light of not meeting the requirements imposed by the Registrar of Copyrights. However, the Court accepted arguments that such did not affect its locus in being able to commercially exploit the licences it held as the 'Society' was incorporated as a company.