Supplier’s liability under the Civil Liability for Nuclear Damages Act, 2010 and Civil Liability for Nuclear Damages Rules, 2011

It can be said that the Civil Liability for Nuclear Damages Rules, 2011 do not comprehensively deal with a supplier’s liability. This is evident from the fact that the Rules are completely silent on the provisions of Section 46 of the Act, which clarifies that the Act is in addition to and not in derogation of any other law for the time being in force. The liabilities of an operator or a supplier under the Act are only qua “nuclear damage”. Thus, if a supplier is otherwise liable for an act or omission under general laws, e.g. under laws of torts, then such liability will continue to exist.

Composing the Right Tune for the Song of Justice

The objective of writing this paper is to focus on the unjust and unfair situation in the Bollywood Industry under the shadow of a decision of the Hon’ble Apex Court which effectively has emasculated the rights of music composers and lyricists. The paper discuss in detail the Supreme Court decision of 1977 in IPRS v. EMPA and then goes on to discuss the recent decisions of the Bombay, Delhi and Calcutta High Courts. The recent judgments have upheld the rights of the music companies over sound recordings, to the exclusion of the lyricists and composers whose works were the underlying materials for the sound recording. Therefore, through this paper the author has tried to bring out the loopholes in the current copyright scenario because the question in front of us is whether the current position of law today is truly serving the ends of justice. The answer is in negative and the pending Copyright Amendment Bill, 2010 stands evidence to the existence of a substantial body of opinion to the same.