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september 2001

Supreme Court of India · 2001-09-03

Gramophone Co. Of India Ltd vs Mars Recording Pvt.Ltd. & Anr

Citation / case number
AIR 2001 SUPREME COURT 2885
Court
Supreme Court of India
Petitioner
Gramophone Co. Of India Ltd
Respondent
Mars Recording Pvt.Ltd. & Anr
Bench
S.R.Babu, S.V.Patil

Judgment text excerpt

The Supreme Court upheld the decision of the High Court affirming the Trial Court's ruling that the respondent complied with Section 52(1)(j) of the Copyright Act, 1957 by issuing a notice of intention to record and paying the requisite royalties. The Court clarified that if consent is not given within 15 days, it is deemed to be granted, allowing the respondent to make sound recordings without infringing copyright. The judgment emphasized that the respondent's recordings were independent and distinct from the appellant's, thus not constituting copyright infringement.

Gramophone Co. Of India Ltd vs Mars Recording Pvt.Ltd. & Anr · Niyam