Entertainment Network v Super Cassette Industries
Entertainment Network India v Super Cassette Industries, (2008) 13 SCC 30: the Supreme Court addressed the Copyright Board's discretion to grant compulsory licences for broadcasting sound recordings.
Finin2min Summary — in 2 Minutes
Entertainment Network India v Super Cassette Industries, (2008) 13 SCC 30: the Supreme Court addressed the Copyright Board's discretion to grant compulsory licences for broadcasting sound recordings.
Official source and legal ownership
Facts and background
Entertainment Network (a radio broadcaster) sought a compulsory licence under Section 31 of the Copyright Act to broadcast Super Cassette Industries' copyrighted sound recordings, after failing to reach agreed licensing terms, and Super Cassette Industries resisted the application.
The issue
What standard governs the Copyright Board's discretion in deciding whether to grant a compulsory licence for broadcasting copyrighted sound recordings under Section 31, and how the copyright owner's interests should be weighed against the broadcaster's and the public's interest in access.
Holding and ratio
The Supreme Court examined the Copyright Board's role and discretion under Section 31, addressing the balance between the copyright owner's exclusive rights and the public-interest rationale for compulsory licensing of broadcast content, and remanded aspects of the matter for the Board's proper consideration of the relevant statutory factors.
Why this case matters
This remains an important authority on Section 31 compulsory licensing for sound recordings, predating and providing part of the doctrinal backdrop against which the later Section 31D statutory licensing framework (considered in Tips Industries v Wynk Music) was assessed.