Legal Question in Business Law in India

licence fee for mp3 songs uploading into mobile and memory cards

Dear sir, this is ravi staying in guntur ap india running mobile show room, in the part of business we are uploading mp3 songs into mobile as well as memory cards. The company named imi (indian music industry) head office mumbai send their representative to collect licence fee 32,000 per year other wise they putting cases on shop owners copy right act. My question is any chance to reduce licence fee or shall we get stay from high court can any body suggest me. Thanks in advance.


Asked on 6/20/09, 1:32 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: licence fee for mp3 songs uploading into mobile and memory cards

Your action is infringement of their IPR; you may be liable for damages and also criminal prosecution; therefore, there may not be any chance for getting stay etc.

You may consider an amicable out of court settlement on mutual terms.

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Answered on 6/20/09, 3:34 pm
Pranav Desai PD Legal & Associates

Re: licence fee for mp3 songs uploading into mobile and memory cards

You may have to check with them as to the basis of collecting license fee i.e whether such type of fee is collected from all the dealers into similar business.

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Answered on 6/22/09, 5:48 am
Rohini Kumar Tenneti R.K.1080 LEGAL SERVICES

Re: licence fee for mp3 songs uploading into mobile and memory cards

If you are uploading for free then there might not have been any infringement copyrights as such.If the songs from the site your makind d/l and u/l is a site which is protected against piracy then it would be definitely a case of infringement of copyrights.BUt first of all you verify whether the company who is collecting such fees does have any rights to reproduce the songs to anyone by charging some fees.At the outset reproducing songs and selling to customers without prior permission of the site is illegal so you are doing an illegal act.So how can you get a stay from any court as a matter of fact.

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Answered on 6/20/09, 5:16 am


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