Tips Industries Ltd v Wynk Music Ltd

Facts

• Tips Industries owned copyright in a large catalogue of Bollywood film music
• Wynk Music (operated by Bharti Airtel) offered music streaming and downloads via its app
• Licence negotiations between Tips and Wynk broke down over royalty rates
• Wynk continued streaming Tips' music, claiming protection under S.31D (statutory licence for broadcasting organizations)
• Tips filed suit for copyright infringement and sought an injunction
• Wynk argued S.31D covered internet broadcasting including on-demand streaming

Issues

1. Whether S.31D of the Copyright Act 1957 (statutory licence for broadcasting) covers interactive/on-demand streaming services
2. Whether there is a distinction between "internet broadcasting" and "on-demand streaming" for purposes of statutory licence

Held

• S.31D applies to "broadcasting" which means communication to the public by any means of wireless diffusion, whether one-to-many simultaneous transmission
• On-demand/interactive streaming (where a user selects a specific song to play at a chosen time) is NOT broadcasting; it is a distinct right under S.14(1)(e)
• Wynk's service was interactive (users chose songs, created playlists, downloaded); this is not covered by S.31D
• Injunction granted restraining Wynk from using Tips' catalogue without a voluntary licence
• The distinction between linear broadcast and interactive access is fundamental to copyright licensing

Ratio Decidendi

Statutory licence under S.31D is a narrow exception to exclusive rights, available only for simultaneous one-to-many communication (broadcasting/simulcasting). Interactive streaming where the user controls what plays and when engages the separate right of "making available to the public" (S.14(1)(e)(iii)), which requires a voluntary licence. Exceptions to copyright must be strictly construed.