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Further, India’s music tastes are changing and with consumers open to modern interpretations of old Bollywood numbers, many labels have started investing in this area. Some of the big market players being T-Ser ch license…under Section 52(1)(j) (ii) and the procedure….under Section 31C of the amended Act, are identical though with some minor variations as to particulars.” Thus, S. 52(1) (j) has the flavour of a Statutory License. The court considered the law as it was prior to the amendment and held that there would not be an infringement of copyright in a sound recording, if the same has been with the consent or by license of the copyright owner.
While much clarity has been sought after the 2012 amendment, there are cases which are still pending and grappling with the issues of cover versions.
The Indian media and entertainment industry - particularly the film industry popularly known as Bollywood, earlier confined to only Indian film and m nded above and beyond the Indian terrain over the last two decades. Much of the popularity of the Indian film industry is owed to its music. According to KPMG, India’s music business will nearly double over the next five years, bringing in an annual income of INR 18.9 billion (USD 300 million) in 2019.
Prachi Agarwal BSc. LL.B, works in the litigation department of Anand and Anand. She completed her studies at National Law University, India in 2007 and at George Washington University, US in 2008. Ms Agarwal is actively involved in intellectual property litigation practice including patents, trademark, copyright and designs and also provides clients with legal advice in intellectual property law matters. She previously worked at IP law firm Ditthavong, Mori and Steiner, Virginia, US and is licensed to practice in the Commonwealth of Virginia, USA and India.
Managing partner Pravin Anand focuses on intellectual property, litigation and dispute resolution. He completed his law studies in New Delhi in 1979 and has since been practicing as an intellectual property lawyer. Mr Anand has been a counsel in several landmark intellectual property cases involving the first Anton Piller Order (HMV cases); the first Mareva Injunction Order (Philips case); the first Norwich Pharmacal Order (Hollywood Cigarettes case); Moral rights of Artists (Amarnath Sehgal case); Recognition for pro bono work for rural innovators at grass root level (National Innovation Foundation Award - Govt. of India); First order under the Hague Convention (Astra Zeneca case) and several significant cases for pharmaceutical clients such as Novartis, Pfizer and Roche. He is a co-author of two volumes of Halsbury's Laws of India on Intellectual Property and serves on the editorial board of several international intellectual property journals. Mr Anand is also author of the India chapter in Copyright Throughout the World - WEST (Thomson Reuters).