Supreme Court of India | (1984) 2 SCC 534
Background
The Gramophone Company held copyright over certain sound recordings. The respondent radio station broadcast these sound recordings without obtaining a licence or paying royalties, claiming that broadcasting did not amount to infringement.The case required the Court to examine the scope of rights in sound recordings and whether broadcasting fell within restricted acts.
Issues for Determination
- Whether broadcasting of sound recordings constitutes copyright infringement
- Whether communication to the public is a protected right
- Whether unauthorized broadcast can be justified under any exception
Key Holding of the Court
The Supreme Court held that broadcasting sound recordings without permission amounts to infringement of copyright. The right to communicate a sound recording to the public is an exclusive right of the copyright owner.
The Court rejected arguments that broadcasting was outside the scope of copyright protection and emphasised that copyright law must adapt to technological modes of communication.
Statutory Provisions Involved
- Copyright Act, 1957
- Sections relating to sound recordings and communication to the public
Doctrinal Significance
This case firmly established broadcasting rights as an integral part of copyright protection in India. It laid the foundation for licensing regimes in radio and television broadcasting.
The judgment remains relevant in disputes involving digital streaming and online platforms.