M/S ENTERTAINMENT NETWORK (INDIA) LTD. versus M/S SUPER CASSETTE INDUSTRIES LTD.

M/S ENTERTAINMENT NETWORK (INDIA) LTD. versus M/S SUPER CASSETTE INDUSTRIES LTD.

Section 31(2) of Copyright Act, 1957 refers to clause (a) of Section 31(1), not clause (b); unreasonable terms offered by copyright owners for licensing amount to refusal, enabling Copyright Board's jurisdiction to grant compulsory licences for broadcast; Board must comply with principles of natural justice and properly consider evidence.

Parties
Appellant: M/S Entertainment Network (India) Ltd.; Respondent: M/S Super Cassette Industries Ltd.
Jurisdiction
India
Judgment Date
16 May 2008
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeals Against High Court Orders
Outcome
Appeals allowed; order of Copyright Board set aside; matter remitted to Board for fresh consideration on merits.
Legal Topics
Compulsory Licences, Copyright Board Jurisdiction, Principles of Natural Justice, Interpretation of Copyright Act, 1957, Doctrine of Purposive Construction
Copyright Law Administrative Law Constitutional Law Compulsory Licences Copyright Board Jurisdiction Principles of Natural Justice Interpretation of Copyright Act, 1957 Doctrine of Purposive Construction

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Parties

M/S Entertainment Network (India) Ltd.

Appellant

M/S Super Cassette Industries Ltd.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeals Against High Court Orders

Legal Issues

  1. 1 Whether Copyright Board has jurisdiction under Section 31(1)(b) of Copyright Act, 1957 to direct owner of copyright to issue compulsory licences for radio broadcast
  2. 2 Whether compulsory licence can be issued to more than one complainant under Section 31(2)
  3. 3 Relevant considerations for Copyright Board when granting compulsory licence and determining compensation

Ratio Decidendi

Section 31(2) of Copyright Act, 1957 refers to clause (a) of Section 31(1), not clause (b); unreasonable terms offered by copyright owners for licensing amount to refusal, enabling Copyright Board's jurisdiction to grant compulsory licences for broadcast; Board must comply with principles of natural justice and properly consider evidence.

Court Disposition

Appeals allowed; order of Copyright Board set aside; matter remitted to Board for fresh consideration on merits.

Orders

  • Copyright Board's order set aside.
  • Matter remitted to Copyright Board for reconsideration, with proper opportunity to parties and reasoned order.