Sankar Prasad Mitra, C.J. - (1.) This is an appeal under Section 72 (2) of the Copyright Act, 1957 from a decision or order of the Copyright Board dated the 16th May, 1973. Section 2 (r) defines a 'performing right society'. It means a society, association or other body, whether incorporated or not, which carries on business in India of issuing or granting licences for the performance in India of any works in which copyright subsists. The Indian Performing Right Society Ltd. (hereinafter referred to as IPRS) has been incorporated in terms of the provisions of the Act. On September 27, 1969 and on November 29, 1969, the IPRS has published in the Statesman and the Gazette of India respectively a tariff laying down the fees, charges and royalties that it proposes to collect for the grant of licences for performance in public of works in respect of which it claims to have authority to grant such licences. The producers of cinematograph films who claimed to be owners of the respective films including the sound track thereof raised objections to the imposition of the proposed tariff. They are the appellants before us. Their contention is that they are the first copyright-holders of the cinematograph films including the musical work contained in the sound track. The IPRS contends on the other hand that the composers of lyric and music are its members. The IPRS is the assignee from them of the copyright in these works. And anyone performing them in public can only do so under and in accordance with a licence granted by the IPRS for which the fees, charges and royalties laid down in the tariff have to be paid.
(2.) The dispute, in the instant case is confined, therefore, to the sound track in a cinematograph film. The case of the IPRS is that the copyright in the musical works incorporated in the sound track of a cinematograph film vests in the composers of lyric and music. When that musical work is performed in public the composers are entitled to a fee or royalty in that behalf. And since the IPRS is the assignee of the copyright from the composers it has the right to collect that fee or royalty.
(3.) The main question, therefore, is whether the composers of lyric and music, in fact, have a copyright in the musical works incorporated In the sound track of a cinematograph film.;