Posted by All Information Here on Wednesday, October 22, 2014
In an earlier post, we'd reported a constitutionality challenge that had been filed against the recent copyright amendments. Well, it turns out that the constitutionality challenge was filed by 3 different parties.
1. T series and Venus filed two separate petitions challenging the constitutionality of the statutory licensing scheme under the amended Section 31(1)(b) and 31(D). They had initially filed the writ in the Supreme Court under Article 32, but were asked by the court to file instead in the High Court under Article 226.
This was apparently filed yesterday, but returned by the Delhi High Court Registry for fixing technical errors in the petition. This petition claims that Sections 31(1)(b) and 31 (D) contravene Articles 14, 19(1)(g), 21 and 300A of the Constitution of India.
2. A certain Bharat Anand filed a separate writ petition in the Delhi High Court yesterday challenging the constitutionality of Sections 17, 18, 19 and 30 of the copyright act dealing with the mandatory sharing of royalties with music composers and lyricists.
Jagdish Sagar is the lawyer on record representing Bharat Anand.This was also returned by the Delhi High Court registry for fixing technical errors in the petition. (we are given to believe that the petitioner is a film producer).
All these writ petitions are now likely to now be taken on record only after the court reopens on April 1st.