Copy Rights: A case stud

Roll in Bangladesh: Protecti

ctual Property Rights in Music.
a very popular Bangladeshi
Managing mu
the Chall
as accused Music Director Anu Mal
Participation:
ic-mogul of the Mumbai movie worl
mmitting pure piracy of one of i
al compositions.
aylight robbery in Murder, screamed a
Bangladeshi rock band, and its plea has
heard, writes the Telegraph of Calcutta
front-page story on tune-lift in the Hindi
Managing the
ie-Murder (Telegraph, 20 May 2004).
Chall
Participation:
eceiving message from fans in the Unite
s, the United Kingdom, Australia an
that their song ‘Phiriye Dao Amar Pre
me back my love) had been copied i
Managing the
soundtrack of Murder, Manam, Hami
Chall
Participation:
other members of Miles collected a cop
he movie and sat down to watch
selves.
n the song ‘Jana Jane Jana’ was bein
ed, the band members were astonished.
the language was different - Hind
rwise the lyrics are a shadow
Managing the of their
Chall
une is the same. Even the beat break up
Participation:
se of guitar and filler notes are the sam
this is a complete copy of ‘Phiriye Da
r Prem.’
 engali song ‘Phiriye Dao’ was compose
iles for its music album ‘Prathasa’ (Hope
3.
s released in Bangladesh and Pakistan. I
Managing the Chall
this same song was included in a musi
named ‘Best of Miles, Vol. 1’ release
Participation:
e Asha Audio Co. of Calcutta, and i
e very popular in both Bangladesh an
Bengal, India.
ng has been used in the soundtrack of t
block buster movie Murder without,
, the permission of its original composers.
such circumstances, copying a
ucing a Bangladeshi
Managing without
song the Challa
nt of royalties is not only unethical but al
Participation:
ant violation of the intellectual proper
ecognized by the World Trade Organizatio
ts, in this particular case the busine
ts of the Bangladeshi rock band Miles.
 members of Miles discussed amon
selves the possibility of seeking an
ng compensation for the injury caused t
business prospects. It was decided th
should contact lawyers, people we
The Players in
ed in matters relating to the WTO, and th
stry of Commerce.
levant people in the Ministry of Commer
keen interest in the case.
ntacted their counterparts in the Ministry
rce in India, who suggested that Miles shou
dress to the problem by taking the violators
ht to court.
The Players i
nistry of Commerce advised the members
cordingly, and asked the Commercial Counsell
her in the Calcutta office of the Banglade
High Commission to extend all possible c
n to the band members in this regard.
pproaching some individuals w
in WTO matters, the band memb
d that they can claim protection f
work under the copyright and relat
provisions of the Agreement
The Players
-Related Aspects of intellect i
rty Rights (TRIPS).
in provisions on copyright and related rights
PS Agreement are contained in the Berne a
onventions in addition the TRIPS Agreeme
s provision related to:
uter programs and databases;
programs,
rights to computers and The Players
sound in
ings and films;
of performers and producers of phonograms;

of broadcasting organizations.
ase of Miles, Article 11 and Article 14
S Agreement are the most relevant one
ng to Article 11 member countries a
to provide authors of comput
s, Sound recording and cinematograph
e right to authorizeThe or toPlayers
prohibit in
t
cial rental of their copyright works.
tion, Article 14 provides that the perform
ave, in respect of a fixation of th
ance on a phonogram the right to prev
roduction of such fixation.
ng advised by the Ministry of Commerce a
ed by the knowledge of the rules of W
The Players i
rs of Miles finally decided to go to the co

ng to court we are registering our prot

such an unethical deed; said Hamin to t
y Times (18 July 2004).
and Company, a Calcutta law firm,
ted on behalf of Miles for filing case agai
lators of Copright.
ingly, lawyers of the firm served notices
ffenders, prepared relevant docume
ng notations of thePreparations
original and for
copi
collected audio-cassettes of the two so
on.
, after the expiry of the notice period a
n was filed on behalf of Miles in t
a High court on 17 May 2004 against t
cer Mahesh Bhat and the Music Direc
alik of the film Murder, the singer of t
recording firm Sarega
Amir Jamal, the Preparations for
Ltd. and the audio company RPG Glo
(London).
 writ petition it was claimed that t
ants had collaborated on copying c
nts from the petitioners song ‘Phiriye D
rem’ in the soundtrack ‘Jana Jane Jana’
vie Murder.
further claimed that the themes of the
Preparations fot
had been similar and their melod
al.
e use of chords was the same in both th

gross infringement of the internation

tual) Property Rights as well as the Cop
t, stated Pratap Chatterjee the lawyer f
Preparations for
tioners (Telegraph, Calcutta 20 May 200
pensation for the injury caused to th
s interests of the petitioners, 50 millio
were demanded from Anu Malik Mahes
regama India Ltd. and RPG Global Music.
ition, total reimbursement for th
Preparations for
ture incurred in filing the case was als
ed.
rt order was also sought for appointin
er or special officer to seize the entire
ndtrack software from Saregama’s D
tudio.
s this, the band’s lawyers demanded t
be directed to discl
spondents shouldPreparations for
oath details of cassettes and C
uted by them to various vendors a
.
 ring the petition, the Hon’ble Justice S.
rjee took prima facie cognizance of t
and passed an interim order on 19 May 20
n’ble Justice ordered the respondents
the song from the soundtrack of the mo
. The outcome and
rt order further barred the respondents fr
cturing, selling, distributing or marketing a
assette or disc containing the song.
rdict of the Calcutta High Court in th
ase was a triumph of the rule-base
onal trade regime.
sly, intellectual property right (IPR) la
applicable Triumph
mainly of the rule-bas
within nation
a countr
ries, and only the nationals oftrade re
enefit from such laws; India was n
n to such practice.
 dian Copyright Act empowered th
ent to extend the benefits of the Act t
onals of other countries
ia had entered a bilateral treaty with th
; Triumph of the rule-bas
had bee
dia and the country concerned trade re
to a common government was satisfie
he country concerned had adopte
es to reciprocate similar protection to th
f Indian national.
 gladesh and India had neither sighed an
l agreement nor been parties to an
n international convention related to th
on of property rights in literary an
1995.
works beforeTriumph of the rule-bas
trade
re, according to the provisions of re
th
opyright Act, Bangladesh would not hav
t to claim IPR protection for its citizen
n India before 1995.
 r, both Bangladesh and India becam
rs of the WTO on its formation in 199
e Indian Copyright Act was amende
ngly to make it compatible with the TRIP
ent. Triumph of the rule-bas
mendment to Chapter IX oftrade re
the Ac
International Copyright power to exten
ht to foreign works, inserted a ne
after s.40.
if the Central Government is satisfied th
n country (other than a country wi
dia has entered into a treaty or which is
o a convention relating to rights
sting organizations
Triumphand
of theperformers
rule-based it
ndia a also a party) has made regim or h
ken to make such provisions, if any,
 ired for the protection in that foreig
, of rights of broadcasting organization
rformers as is available under this Act,
order published in the Official
Triumph
, direct that the of the
provisions rule-bas
of Chapter VI
pply------ (c) to performancestrade that re
ar
rated in a sound recording published in
to which the order relates as if it wa
ed in India.
 on to making necessary amendments t
yright Act of 1957, the Indian governme
ued the International Copyright Orde
xtending the benefits of the provisions
Act to nationals
an Copyright Triumph of the of all WT
rule-bas
r countries. trade re
tomatically granted Bangladesh, as
r of the WTO, the status of receivin
t protection in India for its citizen
 resent case, both India and Bangladesh a
s of the WTO are bound by its rules.
ome nationals or business firms of Indi
the copyright (included in the IPR) of th
shi nationals - members of the Band Miles - i
ible for the latter
Triumph legal
to seekof theredress for th
rule-base
used by such infringement of copyright.
trade re
was particularly provided for in the WTO rule
l Treatment Principle of TRIPS).
IPS Agreement by ensuring a minimu
d of protection and eligibility criteria wa
d to put and end to such violations
tual property rights beyond nation
ries. Triumph of the rule-bas
se described here serves as a trade concret
r
f such an intention.
 sent case is a further proof of the fa
ngladesh was a special beneficiary of th
ns of the TRIPS Agreement.
to amendment to make it TRIP
Triumph
ble, the Indian of the
Copyright Actrule-bas
provide
trade
extension of copyright protection to re
th
of nationals of other countries provide
ntry also granted reciprocal treatment t
ks of Indian nationals.
 iling themselves of the benefits of th
ns laid down in the WTO rule involve
d challenges for the copyright owners
esh.
were in terms Triumph of the
of money, rule-bas
time, lack
tion and uncertainty about the trade re
out com
sation and the amount thereof.
articular case, the band has won only th
nd of the battle.
t to secure a verdict on the nature an
t of monetary compensatio
nsurate with the damage caused to t
usiness prospects.
Triumph of the r
international t
mbers of Miles were very happy with t
of the court. In particular they we
because not only did they get th
ht recognized, the recognition ca
ly too.
Lessons for o
ere impressed by the promptness wi
he first hearing in the Calcutta High Cou
mpleted and the injunction order w