Now Reading: Hotels must pay copyright royalty for music in rooms: Calcutta High Court
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Hotels must pay copyright royalty for music in rooms: Calcutta High Court
Hotels must pay copyright royalty for music in rooms: Calcutta High Court
The Calcutta High Court has ruled that hotels cannot escape paying copyright royalties for music played through cable TV in guest rooms, even if the cable operator already holds a licence. A…
The Story in Brief
The Calcutta High Court has ruled that hotels cannot escape paying copyright royalties for music played through cable TV in guest rooms, even if the cable operator already holds a licence. A Bench of Justices Debangsu Basak and Md Shabbar Rashidi held on August 4 that providing cable TV in hotel rooms is a commercial amenity amounting to 'communication to the public' under the Copyright Act.
The Court allowed an appeal by the Indian Performing Right Society Limited (IPRS) against Hotel Appolo & Tours Private Limited. It rejected the hotel's argument that it had already paid the cable operator, stating that hotel guests are not 'subscribers' under cable TV regulations. The Court noted that even if the hotel does not charge separately for TV, the service adds commercial value to its business.
The Indian Opinion
Hotels love to call everything a 'free amenity' to avoid liability. The Calcutta High Court has rightly called that bluff. A guest sitting in a hotel room watching cable TV is not a private subscriber under the law; he is a member of the public being commercially entertained. The hotel tried to hide behind the cable operator's licence, but the court saw through it. Watch for the Supreme Court test if this is appealed, the real number to track is how many hotels actually have IPRS licences today versus how many will seek them now.
Source: barandbench.com
This story was synthesised by AI from the source linked above.
