HC asks Radio City to pay Rs 660 pnh as royalty to IPRS

Mumbai, May 27 (UNI) The Bombay High Court has directed Radio City, managed by Music Broadcasting Private Limited (MBPL), a Star Group FM Channel, to pay Rs 660 per needle hour as royalty to the Indian Performing Rights Society (IPRS) for broadcasting some works in Jaipur, Chennai, Hyderabad, Dhule and Sangli.

Vacation Judge S R Dongaonkar passed direction yesterday in response to a petition filed by the MBPL praying to prevent onstruction in broadcasting the works and allow royalty as agreed by both parties in an agreement dated May 15 at Rs 250 per needle hour.

The court was told that MBPL and IPRS had signed an agreement on June 1, 2001 providing license to perform publicly, dramatico musical works, the copyright of which were held by the latter, for a ten years period. But these rights were granted for broadcasting the works at Mumbai, Lucknow, Delhi and Bangalore.

On March 22, 2005, IPRS decided to withdraw the 'infancy discounts' allowed to MBPL, who claimed it to be a violation of the initial agreement of 2001.

Meanwhile, MBPL sought further rights for broadcasting in Jaipur, Chennai and other places and both parties agreed to operate on the terms of the 2001 agreement on May 15.

However, on May 23, MBPL recieved a letter from IPRS asking to pay a raised sum of royalty else legal action would be initiated against them. Following reciept of the letter, MBPL filed a petition in the court applying for compulsary license to continue broadcasting, fearing an obstruction from IPRS.

The appeal from MBPL was also to maintain the royalty at Rs 250 per needle hour whereas the demand by IPRS was at Rs 1,250.

The court finally gave the said directions settling the arguement in court.

UNI ARM KU DH RN0446