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Original Creators versus FM Radio Channels

The judgment clarifies that the producer’s rights, as provided under Section 14(1)(c) of the Copyright Act, 1957 should not infringe upon the creator’s copyright under Section 14(1)(a), Section 19(8), 19(9) and 19(10) of the Copyright Act, 1957 when the music is independently performed in various settings such as restaurants, airplanes, radio stations, separate from the cinematographic work of which it may have been originally a part of. The court through this judgement emphasizes that both, synchronization rights for the producer created upon synchronization of the embodied works into the final work, and performing and moral rights for authors and composers can coexist, serving their distinct purposes. This ensures that the creators are perpetually motivated to create new works without having to part ways with the rights and rewards associated with it.

Source: Barandbench

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