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Title: Entertainment Network v Super Cassette Industries: Compulsory Licensing in the Copyright Demystified
Authors: Singh, Himanshu Raman
Singh, Preetesh Raman
Keywords: Copyright;Compulsory licensing;Licensing;Review
Issue Date: May-2013
Publisher: NISCAIR-CSIR, India
Abstract: Compulsory licences are exceptions to the exclusive rights of the copyright holders. If monopolistic conduct or exclusionary conduct of the licensor is observed, then it will create anti-competition in the market and kill potential. If these copyright holders by the exercise of their right refuse to communicate or withhold their work from public then it will affect public interest. India is a developing country, her economic, social and educational developments have to be accelerated and not retarded. Public interest cannot be put on stake just for the profit of one person. The Supreme Court’s decision in Entertainment Network (India) Ltd v Super Cassette Industries Ltd1 can be rendered as an epoch-making case in the field of intellectual property. The case became all the more important as it involved wide ranging issues like interpretation of Section 31 of the Copyright Act and the purposive interpretation placed on it treading on a thin line balancing the public interest with commercial interest. The radio industry in India is one of the booming sectors. Out of 139 music companies around 69 are private radio stations.2 This paper reviews and critiques the decision in the case alongwith the law prevailing in other countries. This paper makes two important contributions bringing aspect of compulsory licences to the fore and providing step by step discussion on the above judgment. The paper also highlights anxiety of the industry and further suggests the way out of this.
Page(s): 201-211
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Appears in Collections:JIPR Vol.18(3) [May 2013]

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