The Supreme Court on Thursday, August, 20, 2026, stayed a Calcutta High Court judgment that required hotels to obtain a separate copyright licence for literary and musical works communicated through cable television in guest rooms.
A Bench of Justice K.V. Viswanathan and Justice Arun Palli issued notice to the Indian Performing Right Society Limited (IPRS) while hearing a challenge filed by Hotel Appolo & Tours Private Limited, a hotel operator in Darjeeling.
Background of the Case
The dispute arose after IPRS approached the Darjeeling District Court alleging that copyrighted literary and musical works were being made available to hotel guests through television sets without a licence from the copyright society.
The District Court had declined interim relief to IPRS in September 2024. IPRS then approached the Calcutta High Court.
On August 4, 2026, the High Court allowed IPRS's appeal and held that providing cable television in hotel rooms amounted to “communication to the public” under the Copyright Act, 1957. It further held that the hotel could not avoid copyright royalty obligations merely because its cable operator had obtained a licence.
The High Court's ruling was subsequently challenged before the Supreme Court.
Arguments Before the Supreme Court
Senior Advocate Neeraj Kishan Kaul, appearing for the hotel, argued that the hotel was itself the subscriber to the cable service and that the cable operator had a copyright licence.
He asked the Court to consider whether a hotel subscribing to a licensed cable service could be treated as separately communicating copyrighted works to the public merely because its guests watched television in their rooms.
The Bench, however, sought clarity on whether the record established that the cable operator actually held a licence from IPRS. Kaul maintained that the hotel proceeded on that basis and offered to place an affidavit on record.
He also relied on the Supreme Court's earlier decision in Hotel and Restaurant Association v. Star India, where hotels were treated as consumers of cable television services. The 2006 judgment records that hotel management remains the consumer or subscriber even when television is provided to guests.
Supreme Court's Decision
The Supreme Court stayed the operation of the Calcutta High Court judgment and issued notice to IPRS.
The proceedings will now continue before the Supreme Court, with the interim stay keeping the High Court's August 4 ruling in abeyance.
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