Our readers will remember separate posts by both Shamnad and I analysing the May judgment of the Supreme Court in Entertainment Network (India) Limited v. Super Cassettes. The judgment pronounced came after a long history of decisions by the Copyright Board, followed by the Delhi and Mumbai High Courts.
For a quick recapitulation, the portion of the judgment most critiqued in essence has allowed for the determination for reasonable royalty, but the grant of an almost “automatic Compulsory License to any applicant where the same is in “public interest”. Now, the Mint reports that (in a continuation of the long drawn battle) Super Cassettes Industries Ltd and Phonographic Performance Ltd have separately approached the Supreme Court and filed petitions
seeking review of the judgment pronounced by Justice Sinha.For the two points of law laid down in this judgment, it will be interesting to note the line the Supreme Court will take this time around.
