Delhi High Court Affirms Pre-1965 Songs as Public Domain, No License Required

Court rules in favor of Bignet Solutions LLP, dismissing copyright claims by Novex Communication Pvt. Ltd. on pre-1965 sound recordings.

In a significant ruling, the Delhi High Court, presided over by Justice Manmeet Pritam Singh Arora, concluded that sound recordings published before 1965 are part of the public domain and do not necessitate a license or NOC for private events. This judgment was delivered in the case of Bignet Solutions LLP v. Novex Communication Pvt. Ltd.

Bignet Solutions LLP filed a suit seeking a declaration that playing songs released before 1965, which have since entered the public domain, does not infringe upon the copyright held by Novex Communication Pvt. Ltd. The plaintiff also sought a permanent injunction against the defendant from demanding license fees for using these sound recordings at a private event scheduled for October 12, 2025.

The dispute arose when the venue for Bignet Solutions' event requested a license from Novex Communication, which quoted a fee for the same. However, upon verification, Bignet discovered that the copyright for the songs in question had expired under Section 27 of the Copyright Act, 1957. This prompted Bignet to approach the court due to apprehensions of potential interference in their event should they not obtain the license.

During the proceedings, Novex Communication clarified that they do not claim rights over pre-1965 recordings and do not demand license fees for such works. The court, satisfied with the plaintiff's compliance with previous interim directions, confirmed that the event proceeded without interference from the defendant. 

However, the court declined Bignet's request for a refund of the court fee, as they did not utilize the pre-institution mediation mechanism before filing the suit.

The court's order has reinforced the understanding that works published before 1965 are in the public domain, providing clarity on the issue of copyright claims over historical sound recordings. This decision is expected to have wider implications for similar cases and events utilizing older musical works.

Bottom Line:

Copyright Law - Songs published pre-1965 are considered works in the public domain and do not require a license or NOC for their usage in private events.

Statutory provision(s): Copyright Act, 1957, Section 27

Bignet Solutions LLP v. Novex Communication Pvt. Ltd, (Delhi) : Law Finder Doc Id # 2817060