Indian Performing Right Society Ltd. v. Eastern India Motion Pictures Association

Copyright in musical and literary works survives even after incorporation into a cinematograph film.

Summary

This is a classic Supreme Court decision clarifying the independent copyright of composers and lyricists in India. The case examined whether producers of cinematograph films automatically acquire the right to publicly perform or communicate songs once those songs are incorporated into films. The Court settled a long-standing dispute between copyright societies and film producers.

Facts of the Case

Indian Performing Right Society (IPRS), a copyright society representing composers, lyricists, and music authors, claimed royalties for public performance of songs used in films. Eastern India Motion Pictures Association, representing film producers, argued that once a song is incorporated into a cinematograph film, the producer becomes the owner of all rights, including public performance, and no separate licence from authors is required. This dispute arose particularly in relation to radio broadcasts and public performances of film songs.

Findings / Reasoning

The Supreme Court held that under the Copyright Act, different rights in a work are distinct and separable. While a film producer owns the copyright in the cinematograph film, the underlying literary and musical works continue to belong to their respective authors, unless expressly assigned. The Court rejected the argument that incorporation into a film extinguishes the composer’s or lyricist’s rights. It emphasized that public performance and communication to the public of musical and literary works require proper authorization.

Suggestions / Observations

The judgment highlighted the importance of protecting creative contributors in the film industry. It clarified that copyright law is designed to reward authorship and creativity, not merely financial investment. The ruling strengthened the role of copyright societies in collecting royalties and ensured fair compensation to composers and lyricists.

Judgment & Date

The Supreme Court ruled in favour of IPRS, holding that authors retain their copyright in musical and literary works even after inclusion in films, unless rights are expressly assigned.

Judgment Date : 29 September 1977