LEGAL FRAMEWORK OF COPYRIGHT SOCIETIES AND COMPETITION LAW IN INDIA.

Abstract

Copyright societies in India have been accorded a monopoly status by the Indian copyright Act. Copyright Societies are important institutions that bridge the gap between the copyright holders and users of the works protected by copyright. Initially copyright societies came into existence as not-for-profit organizations but with the growth of business, they took shape of big business house that are interested only in profit-making and not copyright management. Moreover, these societies are acting in violation of the copyright Act. Time and again it has been complained by the users and copyright holders that these societies are abusing their dominant position which is harming the competition in the market. The 2012 Amendment introduced many safeguards in the interest of copyright holders but due to lack of proper implementation machinery they have not been of much use. The present research paper looks into the functioning of copyright societies and their anti-competitive practice in relation to copyright licensing.