Delhi High Court reinstates (for now) RMPL as copyright society for sound recordings

The Delhi High Court on Monday granted interim relief to Recorded Music Performance Limited (RMPL) by partially staying a single-judge order that had set aside its registration as a copyright society. [Recorded Music Performance Limited v Phonographic Performance Ltd. & Ors.].RMPL and Phonographic Performance Limited (PPL) have been locked in a legal battle for their registration as the trademark society for performance rights of music labels and sound recordings..A Division Bench of Justices Rajiv Shakdher and Poonam A Bamba has reinstated RMPL as the registered copyright society for sound recordings as it noted that it had been functioning as a copyright society before the single-judge's decision. "“Since the appellant (RMPL), as noticed above, has been functioning as a copyright society before the impugned decision was rendered i.e., 09.03.2022, we are inclined to stay the operation of the impugned judgment to that extent", the Court said in its Order.The Court also opined that the best way forward would for the Central government to consider PPL’s registration pending the outcome of the present appeal."We, however, make it clear that the application of respondent no.1 (PPL) will be considered by respondent no.2 (GOI), notwithstanding the fact that the appellant, by virtue of the directions issued hereinabove, would be functioning as a copyright society”, the Order stated..In its appeal, RMPL had challenged an order issued by a single-judge in March 2022 in which the order of the Central government rejecting re-registration application of PPL as a copyright society was set aside. The single-judge also set aside the order granting registration to RMPL as he opined that the same was done in violation of a previous order of the Court which had granted an ad-interim stay to PPL.Therefore, the single-judge had directed the government to reconsider the PPL application for registration in a ‘reasonable time’..The Division Bench noted that although the provisions of the Copyright Act would suggest that ordinarily there would be only one copyright society, it is the muddle created by Government of India that has got into fray both RMPL as well as PPL."Although, the provisions of the Copyright Act, 1957 i.e., Section 33, and Rule 49 of the Copyright Rules 2013, would suggest that “ordinarily” there would be only one copyright society, the muddle created by respondent no.2/GOI has got into fray both the appellant (RMPL) as well as respondent no.1 (PPL)", the court said in its Order..The Court stayed the operation of the single-judge's judgment to the extent it set aside the order granting registration to RMPL and directed the Central governmentto take its decision on PPL’s registration application within four weeks..RMPL was represented by Singh and Singh through Senior Advocate Aman Lekhi along with advocates Bitika Sharma, Vanditta Malhotra Hegde, Lakshay Kaushik, Luv Virmani, Aadya Chawla and Ritwiz Rishabh. Senior Advocates Rajiv Nayar and Akhil Sibal along with advocates Ankur Sangal, Suchita Roy, Asavari Jain, Deboshree Mukherjee and Trisha Nag appeared for PPL. Central Government Standing Counsel Harish Vaidyanathan Shankar along with advocates Bushra Kazim, Srish Mishra appeared for the Union government. .The matter will be considered next on July 27..[Read Order].Delhi High Court sets aside Central govt order rejecting re-registration of music rights company PPL