Copyright Constitutionality Challenges

In an earlier post, we’d reported a constitutionality challenge that had been filed against the recent copyright amendments. Well, it turns out that the constitutionality challenge was filed by 3 different parties.
1. T series and Venus filed two separate petitions challenging the constitutionality of the statutory licensing scheme under the amended Section 31(1)(b) and 31(D). They had initially filed the writ in the Supreme Court under Article 32, but were asked by the court to file instead in the High Court under Article 226.

This was apparently filed yesterday, but returned by the Delhi High Court Registry for fixing technical errors in the petition. This petition claims that Sections 31(1)(b) and 31 (D) contravene Articles 14, 19(1)(g), 21 and 300A of the Constitution of India.

2. A certain Bharat Anand filed a separate writ petition in the Delhi High Court yesterday challenging the constitutionality of Sections 17, 18, 19 and 30 of the copyright act dealing with the mandatory sharing of royalties with music composers and lyricists.

Jagdish Sagar is the lawyer on record representing Bharat Anand.This was also returned by the Delhi High Court registry for fixing technical errors in the petition. (we are given to believe that the petitioner is a film producer).

All these writ petitions are now likely to now be taken on record only after the court reopens on April 1st.


Shamnad Basheer

Prof. (Dr.) Shamnad Basheer founded SpicyIP in 2005. He's also the Founder of IDIA, a project to train underprivileged students for admissions to the leading law schools. He served for two years as an expert on the IP global advisory council (GAC) of the World Economic Forum (WEF). In 2015, he received the Infosys Prize in Humanities in 2015 for his work on legal education and on democratising the discourse around intellectual property law and policy. The jury was headed by Nobel laureate, Prof. Amartya Sen. Professional History: After graduating from the NLS, Bangalore Prof. Basheer joined Anand and Anand, one of India’s leading IP firms. He went on to head their telecommunication and technology practice and was rated by the IFLR as a leading technology lawyer. He left for the University of Oxford to pursue post-graduate studies, completing the BCL, MPhil and DPhil as a Wellcome Trust scholar. His first academic appointment was at the George Washington University Law School, where he served as the Frank H Marks Visiting Associate Professor of IP Law. He then relocated to India in 2008 to take up the MHRD Chaired Professorship in IP Law at WB NUJS, a leading Indian law school. Later, he was the Honorary Research Chair of IP Law at Nirma University and also a visiting professor of law at the National Law School (NLS), Bangalore. Prof. Basheer has published widely and his articles have won awards, including those instituted by ATRIP, the Stanford Technology Law Review and CREATe. He was consulted widely by the government, industry, international organisations and civil society on a variety of IP issues. He also served on several government committees.

One comment.

  1. anushree rauta

    Sir, as per the order passed by the SC on 12th March, 2013 it appears that one more petition was filed by Anil Kumar Singh (WP 126/2013). All three petitions were heard together.


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