Case Title: Al Hamd Tradenation Vs. Phonographic Performance Limited Case Number: C.O.(COMM.IPD-CR) 8/2024 Date of Order: 13th May 2025 Court: High Court of Delhi Judge: Hon'ble Ms. Justice Mini Pushkarna Neutral Citation: 2025:DHC:3695
Facts: Al Hamd Tradenation, the petitioner, organized a corporate event on July 14, 2024, in Delhi. The petitioner was informed that a license from the respondent, Phonographic Performance Limited (PPL), was required to play music, with a fee of Rs. 49,500 for 1-150 persons. The petitioner disputed this high fee, offering to pay only a third of it, citing unfairness compared to market standards.
Procedural Details: The petitioner filed this petition under Section 31 of the Copyright Act, 1957, seeking a compulsory license and correct license fees, asserting that the respondent’s fees were unreasonable and amounted to a refusal to allow public performance of copyrighted works. The respondent responded by filing a suit for copyright infringement. The matter reached the High Court, which examined the licensing structure and the legality of the respondent's demands.
Issue: Whether the license fee demanded by the respondent is fair, reasonable, and in accordance with the law, and whether the petitioner is entitled to a compulsory license under Section 31 of the Copyright Act?
Decision: The court acknowledged that the respondent’s license fee structure was disproportionate and not aligned with market standards, especially as it was the same regardless of audience size, content, or duration. The court emphasized the obligation to charge fair and reasonable fees and noted that the respondent's failure to register as a copyright society or be a member of a registered society compromised its authority to issue licenses. The court directed the parties to file affidavits to determine the appropriate license terms and rates, considering statutory provisions and licensing standards.
