Delhi HC bars resort from playing music

Delhi HC bars resort from playing music
TNN

PANAJI: The Delhi high court on Monday temporarily stopped Goa Marriott Resort from playing music, live or recorded, until it renews its licence with the Indian Performing Right Society Limited (IPRSL), which is the copyright society for musical works registered with the government of India.

"We have an injunction from the Delhi high court against Marriott Resort, Goa, stating that they can't play music in the hotel, whether live or recorded, till they renew their license. They had a license till December 2005, but the hotel made regular payments only till December 30, 2003," said chief licencing manager of IPRSL G G Prasad.

When contacted, a spokesperson for Goa Marriott said, "We have contested the same in the court and therefore we can't comment."

IPRSL in its petition had alleged that the hotel was playing music without permission and without paying royalties, which amounts to infringement of the society's public performing rights. "Though we produced an invoice dated December 17, 2003 towards license fee for the year 2004 and an invoice dated December 17, 2004 towards the license fee for the year 2005, both remain unpaid," said Prasad.

The hotel in its reply to the Delhi HC to the petition filed by the IPRSL admitted payment of license fees to IPRSL till December 31, 2003, but said it was done under protest. They also stated having entered into separate agreements with various broadcasters to play their music.

The hotel also made reference to two writ petitions filed in the Delhi HC and the high court of Bombay at Goa by the Federation of Hotels and Restaurants Association of India (FHRAI) and the Travel and Tourism Association of Goa (TTAG), questioning the right of the society to collect license fees for the performance and communication of musical works. Marriott said it is a member of both associations.

The Delhi HC observed that there is no mention of any order being passed by either court, restraining the society from collecting fees under the license agreement.

Marriott, however, is not the only hotel that provides multi-channel music, interactive television and live music to its guests without permission from the society, disclosed Prasad.

"In Goa, there are about 5,000 premises which play music, but only 500 have licenses from us for the year 2009. We have approached another 1,500 and asked them to obtain the license before playing music in their premises. Some of them are famous nightclubs in North Goa and we intend to initiate action against them," added Prasad.

IPRSL, is a society that has been assigned "performing rights", which includes the right of performing in public and the right to communicate the work directly to the public or by means of display or diffusion, regardless of whether anyone actually sees, hears or otherwise enjoys the work so made available, said Prasad.

Communication to public includes communication through satellite or cable or any means of simultaneous communication to more than one household or place of residence, including hotel and hostel rooms.

1 October 2009, The Times of India, Goa edition