Whilst the thumb rule is: 1 Society == 1 Domain! For example, for sound recording, one! For performance, one! Yet, the provision of acting as an Agent without being a registered copyright society under the ambit of Assignee / Licensee to further license under the ambit of non-exclusivity is also a fact! Yet, furthermore, making it mandatory for the Sound Recordings and Cinematographic Parts be only licensed via Societies; thus, the question ensues, who’s who and who is truly eligible to do what? Who can decide the tariffs when it is also arbitrarily been done? Maybe, we are walking in the Circles! The agent can challenge the Society, the Society can challenge back the authenticity of former’s Non-Registration! Yet, both are Correct in their counterarguments, but also lost in the interpretations! Furthermore, in the case of organizing Events, what should be applied -> Respondeat Superior, OR, Ignorantia Juris Non Excusat, OR, Caveat Emptor?
Look: if anything isn’t clear, then it drags! And if it is purposely made to be dragged, then it decays by itself!
Thus, either the restrictions of One For One be Removed! OR, the mandatory provision of sound recordings and cinematographic licenses acquired from the society part be removed! OR, the Agent having the same privileges of that of any Society be removed (for example -> u/s 18 or 30)! OR, let only the individual copyright holders directly be negotiating and societies becoming -> optional.
How many case-precedence we would be having for the same thing? This I wrote even in one of my earlier blogs too! Taking extracts of the arguments and observations shouldn’t be considered significant if in case the entire decree is only different from what is sought! As in every case, circumstances and dilemmas are different!
Remember-> ‘A Verbis Legis Non Est Recedendum’!
Yes, there should be One Window and a POC, wherein one can reach for the license and tariffs! Yes, that should also be as easy as buying anything from Amazon! Now, one needs to decide, should that be executed by only one Copyright Society for everything (let’s include from sound recording to cinematographic part to performance etc. into one), but then, it would create Hegemony! And even if been executed on the basis of One For One, then what about acting as an Independent Agent / Licensee / Assignee, as it then would be contradicting the mandatory provisions like mentioned in the likes of u/s. 33(1). And acting against any of them would only jeopardize the factual existence of another!
Hence the Dilemmas! 😊
© Pranav Chaturvedi
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