MUSIC BROADCAST PVT. LTD. Vs. PHONOGRAPHIC PERFORMANCE LTD.

JUDGEMENT

(1.) THESE are nine applications under Section 31(1)(b) of the Copyright Act, 1957 for grant of licence for broadcast of sound recordings. Matters at serial numbers 1 to 3 were remitted back to the Copyright Board by the Hon'ble Supreme Court vide its decision dated 16th May, 2008 in Entertainment Network (India) Ltd. v. Super Cassette Industries Ltd and Ors. : (2008) 13 SCC 30. These cases were earlier decided by the Board on 19.11.2002 consequent upon applications of the petitioners herein in cases numbered as 1 of 2002, 2 of 2002 and 6 of 2002 and have been reported as Music Broadcast Pvt. Ltd. v. Phonographic Performance Limited, 2003 (26) PTC 70(CB). Decision of the Copyright Board was challenged in the Bombay High Court Phonographic Performance Limited v. Music Broadcast Pvt. Ltd., 2004 (29) PTC 282 (Bom)and ultimately in the Supreme Court. Hon'ble Supreme Court in its judgment dated 16th May, 2008 did not approve the manner in which the Board had dealt with the matter. It observed that the Board refused to examine the witnesses and took up the matter on a day for hearing which was fixed for production of witnesses. Supreme Court set aside the order of the Board and remitted matter to the Board for consideration afresh. Rest six cases bearing numbers 3 -1/2008, 3 -2/2008, 33/2008, 3 -4/2008, 3 -5/2008 and 3 -6/2008 are fresh filings during 2008.

(2.) COPYRIGHT Board in its sitting held on 29th July, 2008 directed the parties on both sides to file the paper books alongwith the list of the witnesses of the respective parties. It was followed up with follow up action for updation in this regard during the various sittings of the Board. In its sitting held on 26th May, 2009, the Board set a deadline upto 30th June, 2009 for filing of further documents and furnishing list of witnesses to be examined. Hon'ble Delhi High Court in its order dated 4th August, 2009 directed that the evidence -affidavits of parties which have already been filed or served upon opposing counsel by 28.7.2009 shall be taken on record. Accordingly, examination of witnesses began with its sitting on 28th July, 2009 and was followed up through subsequent sittings ending up on 12th July, 2010.

(3.) IN all thirteen witnesses of the applicants were examined. In 1 of 2002, four witnesses including one expert witness, Shri Bibek Debroy, were examined. In 2 of 2002, two witnesses were examined. In 6 of 2002, two witnesses were examined. In 3 -1, 3 -2 and 3 -3 of 2008, four witnesses were examined. In 3 -4 of 2008, one witness was examined.