Tips Industries v Wynk Music (2019)

"Statutory Licensing Limitations for Online Streaming Services"

Short Description

A landmark case that clarified the scope of Section 31D of the Copyright Act, 1957, concerning online streaming services.

Facts:

Tips Industries, an Indian music label, granted Wynk Music a license to access its music repository. When the license expired, Wynk invoked Section 31D, claiming statutory licensing rights. Tips Industries disputed this, alleging copyright infringement.

Findings:

The Bombay High Court ruled that Section 31D doesn't cover download/purchase of copyrighted works or internet broadcasting. Wynk's actions, allowing users to download and store copyrighted music, constituted a 'sale' rather than 'communication made to the public.

Judgment:

The court found Wynk guilty of direct infringement and clarified that online streaming services aren't covered under Section 31D. This judgment set a precedent for the music streaming industry in India.