[Note] 31D Does Not Apply to Internet Broadcasting, After All

[Note] 31D Does Not Apply to Internet Broadcasting, After All

There's been no shortage of vacillation over the years in trying to determine what the statutory licence for broadcasting now contained in Section 31D of the 1957 Copyright Act should, could, would, and does in fact apply to.

In the latest twist to the story, the Bombay High Court has said, in Tips Industries Ltd. vs. Wynk Music Ltd. (dated 23 April 2019), that the provision does not apply to Internet broadcasting in a case that deals with streaming music online. However, the streaming service in question also seems to allow end-users the facility of downloading encrypted copies of songs which they can access while their subscriptions are active, and the early parts of the judicial decision (from Para. 11 onwards) suggest that the contract between the music-rights owner and the streaming service do not use clear definitions, to put it mildly, to explain what is being done or what they intend to achieve through their agreement.

Whether the new 31D interpretation of the Bombay High Court is the last word on the subject is anyone's guess particularly since the April 2019 order itself is not the court's final decision in the matter.

The tale so far:

2010: Statutory Licences for Radio Broadcasting under the Proposed Amendments

2011: The Proposed Statutory Broadcasting Licence

2012: The Scope of the 31D Statutory Licence wrt Television Broadcasters

2016: The Enhanced Scope of the 31D Statutory Licence for Broadcasters: On the applicability of Section 31D to Internet broadcasters

(This post is by Nandita Saikia and was first published at IN Content Law.)

Monographs & Essays

The Bollywood Amendments (2010-2012)

An examination of the provisions of the 2012 amendments to the 1957 Indian Copyright Act which affect the film and music industry. The paper takes into consideration the factual background in which the amendments were made and explores whether they are likely to realise their objectives.

Last revised: 2013
(Available here: SSRN)

Art and Indian Copyright Law: A Statutory Reading

A look at how the Indian Copyright Act, 1957, as amended in 2012, interacts with art (other than films and sound recordings), and, in particular, with Indian art. The first part of this text comprises a feminist and post-colonial reading of the Indian copyright statute while later parts focus on interpreting the provisions of the statute in relation to art.

Last revised: 2017
(Available here: SSRN)

Indian Music: Ancient Traditions, Contemporary Rights

This essay on copyright and creativity discusses cultures of musical borrowing in the realm of Indian music from ancient times to the present day, and examines the effect of the introduction of colonial copyright law in India. It posits that the Western paradigm on which contemporary copyright law is based cannot be easily integrated with Indian musical practices, and argues for the decolonisation of the law.

Last revised: 2023
(Available here: SSRN)

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