Demanding unreasonable licence fee to play songs constitutes refusal under Copyright Act: Delhi High Court

The Delhi High Court has provided an important interpretation of copyright law, holding that the act of a copyright holder demanding exorbitant and unreasonable license fees for their creative work effectively constitutes a refusal to grant a license under Section 31 of the Copyright Act. When such a refusal occurs, the court clarified that it opens the door for compulsory licensing, allowing access to the copyrighted work under reasonable terms and conditions as determined by the court. This ruling seeks to strike a balance between protecting the rights of copyright owners and ensuring public access to creative and artistic expressions, preventing copyright from being used as a tool for unfair exploitation.