A non-government organisation (NGO) with over 2,500 members, which is the sole copyright society in India, has moved the Bombay High Court challenging the circular issued by the state, de-recognised the society and directing auditoriums not to pay its fees.
The Indian Performing Rights Society (IPRS) Limited has challenged the circular dated August 10, which stated that the Stage Performance Scrutiny Board is the only authority to issue suitability certificate for all stage performances.
The circular also stated that the board has received several complaints against IPRS and has told auditoriums that if they are found to be obstructing the shows, then the auditoriums are free to lodge First Information Report (FIR) or give written complaints to the board.
The petition states that IPRS is an NGO registered with the Charity Commissioner since 1969. Its main objective is to protect the rights of its members against copyright violations. Advocate for the NGO argued: "If there is no control, then it would amount to open theft. The board has no jurisdiction to issue such a circular."
Division bench of Justice PB Majumdar and Justice MR Bhatkar, while directing the board to file a reply, observed, "Some composition like that of Mohammed Rafihave to remain exclusive."
The bench has now adjourned the hearing on the petition till December 7.
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