No Dual Royalty For Playing Songs In Public

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By: Nidhi Tandon

When it comes to the copyright of a song, lyricists and music composers of a song are the first owners and their works (literary and musical works) are considered to be independent and separate from that of the music producers. By virtue of the amendment of the Copyright Act, 1957 in the year 2012, this understanding was overturned in the recent judgment of the Supreme Court in IPRS (Indian Performing Rights Society Limited) and CISAC (International Confederation of Societies of Authors and Composers) v/s Aditya Pandey and Synergy Media Entertainment. As per the amendment, the producer of sound recording (music producer) is categorized as the “author” of the copyright subsisting in a song, which is a derivative work of the music (musical works) and lyrics(literary works) put together and has independent copyright of his work.

The dispute before the Court was:

If X and Y were to create the music (musical works) and lyrics (literary works) for a sound recording (derivative work) being produced by Z, three distinct copyrights

A new phase of Corporate Litigation in India: NCLT replaces CLB

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By: Mansi Singh

Close on the heels of The Insolvency and Bankruptcy Code (Insolvency Code) enacted in May 2016, the Ministry of Corporate Affairs (MCA) notified[1] the setting up of the National Company Law Tribunal (NCLT) with effect from June 1, 2016 and dissolution of the Company Law Board (CLB).

The idea of setting up NCLT was proposed for the first time in 2000 by the Justice Eradi Committee formed to examine the laws relating to insolvency and winding up of companies. The Committee proposed the setting up of NCLT to reform the insolvency/dissolution process that involved multiple agencies and court proceedings leading to inordinate delays. The government amended the Companies Act, 1956 (1956 Act) in 2002 to establish the NCLT and the National Company Law Appellate Tribunal (NCLAT) to take over the functions that were being performed by CLB. As the constitutional validity of NCLT was challenged and

Transfer of mining concessions should help trigger M&A activity

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By: Probal Bose

Blessed with vast mineral resources and with the growing demand for metals and minerals, mining is one of the key drivers of the Government’s ‘Make in India’ program. There has been a concerted effort by the Government to ease the regulatory hurdles in doing business in various sectors and the mining sector has been no exception. The Mines and Minerals (Development and Regulation) Act (“Act”), which sets out the regulatory framework for the mining sector in India, was amended on 6th May 2016 to enable specific transfer of mining concessions acquired through the non-auction route.