Radio Broadcasters move transfer petitions before Supreme Court to consolidate appeals in the compulsory licensing dispute

Thanks to Anita Iyer, a Mumbai based music journalist, we have yet another update on the fast evolving dispute between music companies and radio broadcasting companies over the compulsory licensing order of the Copyright Board.
Image from here.

Apparently the radio broadcasters have moved a transfer petition before the Supreme Court to consolidate all the appeals against the Compulsory Licensing decision, of the Copyright Board, before the Supreme Court. The reason for filing this petition is obviously the fact that multiple appeals are pending before more than one High Court. As of now we have been blogging about the proceedings only before the Madras High Court but we have confirmed information that there is one more appeal pending before the Karnataka High Court. Section 25 of the Code of Civil Procedure, 1908 allows the Supreme Court to transfer and consolidate suits pending before various Courts. If the issues and parties are same before multiple forums the Supreme Court would usually be inclined to consolidate them in one location.

The transfer petition, which was filed yesterday, came up for hearing today and was admitted by the Supreme Court with notice being issued to the music company respondents. The Court will decide the Transfer Petition after having heard arguments from both sides. The process should take atleast a few months.

Meanwhile the Madras High Court has begun hearing PPL’s appeal on the question of maintainability. PPL’s arguments should be completed by Monday. We will keep you posted on the matter.
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