Chitra Jagjit Singh v. The Indian Performing Rights Society and Ors. - (High Court of Delhi) (14 Mar 2016)

IPRS restrained from granting licences to work of late Jagjit Singh

MANU/DE/0917/2016

Intellectual Property Rights

Delhi High Court prohibited the Intellectual Property Rights Society from granting licenses in respect of works of late ghazal singer Jagjit Singh.

The court heard from the late singer's wife that IPRS had not paid royalties for the same, while issuing misleading advertisements purporting 'live in concert' performances - Jagjit Singh passed away in 2011.

The concert, to be held in Bombay, was advertised widely, including on popular ticket booking platform, 'bookmyshow'. Defendants' arguments that publicity material used only minor cues of the late singer, and the concert being for charity, sufficiently swayed the court into it allowing the event to go forth as planned. However, Defendants were ordered to refrain from using the singer's likeness and name in advertisement of the same, and make preliminary deposit with the court to secure rights of Jagjit Singh' widow.

Relevant : Section 33 Copyright Act, 1957

Tags : MISLEADING ADVERTISEMENT DECEASED LICENCE IPRS