The Indian Premier League is back in full swing, and with its share of controversies, no less! The opening ceremony act received a lot of flak for its dismal Bollywood performances to the tunes regular Bollywood songs. While mass criticism centered around the ‘thanda’ performances, big fires were doused behind the scenes. According to reports, the organisers had failed to get the necessary licence from IPRS for using music for the performances beforehand. The licence to use music at matches had been procured, however.
In the days leading up to the event, Indian Performing Right Society (IPRS) slapped a legal notice on IPL, BCCI and Encompass Events Pvt Ltd (the company organising the opening ceremony). The matter was covered in the Press and the organisers promptly paid the licence fees the following afternoon. The organisers were given a huge concession, reportedly.
In case, PPL and IPRS have admittedly ceased to be copyright societies, how are they collecting licence fee or are in the business of collecting licence which only copyright society is permitted to do ? Section 30 of CR Act deals with the licenses to be collected by the owners or duly registered agents of such owners. It seems that to ward off the provisions of Section 33 which after amendment in 2013 even prescribes tariff scheme to be approved by Board, IPRS and PPL are acting in contravention of law and are charging unregulated license fee.
As is claimed by both the IPRS and PPL, they owns the copyright in the said works as assignees through assignment deeds. In view of the foregoing and provisions of copyright act regarding assignment of rights in a work in which copyright subsists, it is amply clear that they are rightfully issuing and granting licenses.