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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Copyright

A copyright society publishes its tariff scheme for licensing musical works. A cinema owner, Mr. Rao, feels the scheme contains an unreasonable element and anomaly. As per the text of the Copyright Act, 1957 on tariff schemes, what may he do?

Mr. Rao may appeal to the Commercial Court. The Act gives any person aggrieved by a copyright society's tariff scheme this remedy, so that unreasonable elements, anomalies or inconsistencies can be removed. He cannot simply stop paying fees while the appeal is pending.

  1. AAppeal to the Commercial Court against the tariff schemeCorrect
  2. BRefuse all payment until the society withdraws the scheme
  3. CApproach the Registrar of Companies for revision of the scheme
  4. DWait for the society to amend it, as no remedy exists

Explanation

Section 33A(2) lets any person aggrieved by a tariff scheme appeal to the Commercial Court. Refusing payment is wrong because the aggrieved person must pay fees that have fallen due and continue paying until the appeal is decided.

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