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News article16 May 2023European Innovation Council and SMEs Executive Agency1 min read

The Bombay High Court Has Ruled That FM Radio Stations Must Pay Royalties to Composers and Lyricists

The Intellectual Property Appellate Board (IPAB) set royalties for radio broadcasts at 2% of Net Advertisement Revenues in December 2020. The IPAB further stated that following the 2012 amendments, which recognised performers’ rights under the copyright framework, there is a "shared right" between the author and whoever owns the copyright.

The High Court declared that if FM stations do not pay royalties to the Indian Performing Rights Society (IPRS), which has been fighting for performers' and producers' rights for decades, they will be restricted from using protected music.

The Court also acknowledged that the law had changed, in accordance with the stated goal of the Copyright (Amendment) Act of 2012, which sought to further protect and guarantee the rights of authors of such literary and musical works when their works were used in any form.

In support of this, the court cited the 2012 Amendment Act's Statement of Objects and Reasons, which reaffirmed that the World Intellectual Property Organisation (WIPO) Copyright Treaty deals with "the protection for the authors of literary and artistic works such as writings, computer programmes, original databases, musical works, audiovisual works, works of fine art, and photographs."