SUMMARY
Kuku FM has agreed to pull down the content whose exclusive right was held by rival Pocket FM
As part of the settlement, Kuku FM will also rescind the copyright infringement case filed against Pocket FM over a book involving Mossad
Pocket FM approached the Delhi HC in May 2021 to restrain Kuku FM from publishing summaries of book titles and violating its exclusive rights
Audio streaming platform Kuku FM has reportedly entered into a settlement agreement with competitor Pocket FM in the much-publicised copyright infringement case.
This comes nearly seven months after Pocket FM approached the Delhi HC claiming that Kuku FM was in contravention of the copyright law for publishing audio summaries of a few books that the former had an exclusive licence for.
The agreement was signed on December 16, 2022 and submitted to the court on December 21, 2022. As part of the settlement, Kuku FM has agreed to pull down the content whose exclusive right is held by Pocket FM.
“Kuku FM undertakes to take down the Impugned Works forthwith from the Kuku FM platform and further undertakes to not to violate the rights of Pocket FM in the Impugned Works till the rights subsist in the name of Pocket FM or the rights are acquired by Kuku FM,” noted the settlement agreement seen by Entrackr.
Besides, Kuku FM is also said to have promised to refrain from violating Pocket FM’s copyright related to summaries, adaptations or any such material.
As part of the settlement, Kuku FM will also rescind the copyright infringement case filed against Pocket FM over a book involving Israeli intelligence agency Mossad. It is pertinent to note that the Delhi HC had ruled in favour of Kuku FM in this particular case and directed Pocket FM to take down the audiobook from its platform.
“The order serves as a reminder of the importance of respecting intellectual property and creates a precedent on the issue of audiobook summaries, reaffirming the rights of the publishers’ and authors’ communities,” Pocket FM said in a statement.
Inc42 has also reached out to Kuku FM for a statement on the development. The article will be updated on receiving a response.
Long-Standing Legal Tussle
At the centre of the drama are bestsellers such as Robert Kiyosaki’s ‘Rich Dad Poor Dad’, Jay Shetty’s ‘Think Like A Monk’, Deepak Bajaj’s ‘Be A Network Marketing Millionaire’, among others.
In a deal signed with publisher Manjul Publishing House last year, Pocket FM acquired the exclusive audio rights to the aforementioned books. It is pertinent to note that Manjul Publishing House held the Hindi rights to these books.
Pocket FM launched the legal battle against Kuku FM in May last year to restrain the latter from publishing summaries of the titles and violating its exclusive rights. The litigation now appears to have come to an end with the signing of the agreement.
The two players vie for the lucrative audio streaming space in the country which has seen a spurt over the last few years. Airtel-backed Wynk, Reliance-backed Saavn, and Amazon-owned Audible are among the other major players in the space.
In the past few years, the industry has moved from just streaming music to incorporation of new products such as podcasts and audiobooks. With the percolation of vernacular content, the space has seen further growth in the past few years.
While the space largely caters to the high income households, the brands have also moved to capture other segments as they look to cement their position in the media and entertainment industry.
With content currently available in seven languages including Hindi, Tamil and Malayalam, Kuku FM caters to vernacular audiences across multiple content formats and audiences. In September last year, the audio platform raised $21.8 Mn in a funding round led by Fundamentum Partnership.
According to Statista, the overarching music, radio and podcast segment is projected to reach a revenue of $1.17 Bn in India by 2023. This number is further expected to surge to $1.34 Bn by 2027.
