A few weeks ago, I had blogged on ownership of underlying works in a sound recording. I had taken the view that the owner of a sound recording does not need the consent of the owners of copyright in lyrics and musical composition for the communication of the sound recording to the public. A Division Bench of the Delhi High Court too has taken a similar view in the case of Indian Performing Right Society Ltd vs Aditya Pandey & Ors.
The Division Bench has held that no separate or additional permission needs to be obtained from the owners of underling works (lyrics and musical composition) for communication sound recording to the public. In other words, it is sufficient to obtain a license from Phonographic Performance Limited (PPL) alone, without there being a need to seek a license from IPRS.