In a significant case of copyright infringement under the concept of plea bargaining, the Indian Music Industry (IMI) won a compensation amount of Rs 12 lakhs in a copyright case.
A new chapter XXIA on 'Plea Bargaining', was introduced in the Criminal Procedure Code through the Criminal Law (Amendment) Act, 2005, passed by the Parliament in its winter session. Plea bargaining is an agreement in a criminal case where by the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.
According to Savio D'souza, Secretary General, IMI, "Intellectual property for artists is their bread and butter and people like the accused are stealing the huge chunk of potential revenue from Indian artists. Plea bargaining is an important way to amicably settle cases instead of dragging them forever. Here, for instance, we asked for a compensation of Rs 100 per CD, but the accused moved another application admitting his guilt and settling for negotiation. So we agreed to settle the case at Rs 60 per CD seized. When the applications were presented at the specialised intellectual property court in Delhi for hearing, the matter was negotiated with the company's owner and it was settled at Rs 12 lakhs (Two lakh on behalf of the company - Siddartha Optical and 10 lakhs on the owner's behalf). Besides, the court ordered the company to pay Rs 2 lakhs to the state for violating the copyright act. This is India's biggest plea bargaining case as no other victim has ever been paid Rs 12 lakhs."
During a raid carried out at the Siddartha Optical Disc (CD plant), 22,000 CDs including large numbers of mp3 CDs, porno CDs (10,600), 2 CD recording machines, printers, computers, etc. were seized, of which mp3 CDs / master stampers belonged to music companies which were members of IMI. Cases U/Ss 63, 65, 68A CR Act and 292 IPC were registered against Surendra Wadhwa, owner and managing director of Siddartha Optical Disc as well as against the company, following which IMI claimed Rs 100 per CD seized as compensation.
Established on February 28, 1936, IMI today represents almost 75 per cent of the legitimate recording industry in India. This non-profit and non-commercial organization is the second oldest music association in the world. Registered under the West Bengal Societies Registration Act in 1936, IMI primarily intends to resuscitate the lost stature of Indian music industry. IMI has over 142 music companies as members including several prominent regional and national labels such as SAREGAMA, Universal Music, Tips, Venus, BMG Crescendo, Sangeetha, Sony Music, Virgin, Aditya Music. IMI has filed 19,385 cases so far, of which 3000 cases have been settled, while the rest are pending.
