Music and Copyright Law in India

Introduction

The music industry is a vibrant and dynamic space where artists and musicians pour their hearts and souls into creating melodies that have the power to move and captivate audiences. In India, copyright law plays a crucial role in safeguarding these musical creations and ensuring that all those involved in their creation, including the artists, receive due recognition and financial compensation for their hard work and creativity. The protection offered by copyright law is vital for fostering a culture of innovation and creativity, and for protecting the rights of artists in an industry that thrives on originality and authenticity.

What is Musical Work under the Copyright Act?

According to Section 2(p) of the Indian Copyright Act, "musical work" refers to a piece of music that can be represented through graphical notation. However, it does not include any accompanying lyrics or actions that are meant to be performed with the music.

What is Copyright in Musical Works in India?

Copyright in musical works in India refers to legal protection granted to creators of original musical compositions, like composers, lyricists, and music producers. This protection gives the creators exclusive rights over their musical creations. It ensures that their works are not copied, distributed, performed, or shared with the public without their permission.

In India, musical works are protected under the Copyright Act, which recognizes music as a form of artistic expression deserving of legal rights and safeguards. The Act covers different aspects of musical works, including melodies, lyrics, arrangements, and sound recordings.

Copyright in musical works gives creators the power to control and earn revenue from their creations. It encourages creativity, incentivizes artistic endeavours, and protects the economic interests of musicians and other stakeholders.

Author of the Musical Work

Section 2(d)(ii) of the Act defines the author of a musical work. According to this section, the composer of the work is considered the author.

Section 2(ffa) clarifies the term "composer." This section explains that the composer, in relation to a musical work, is the person who composes the music, whether or not they record it in any form of graphical notation.

In the case of a joint musical work where multiple authors or composers collaborate, the application can be filed jointly.

Section 2(z) defines a "work of joint authorship" as a work created through the collaboration of two or more authors, where the contributions of each author are not distinct from one another.

This recognition of joint authorship enables the protection and acknowledgement of the collaborative efforts of multiple composers in the creation of a musical work. It ensures that all contributors are given equal rights and ownership over the joint work.

Duration of Legal Protection

The term of copyright protection for musical works in India is determined by Section 22 of the Act as:

·         Individual’s piece of work

As per this clause, a musical composition that has been published during the composer's lifetime is entitled to copyright protection for a period of sixty years following the year that comes after the composer's demise. This provision aims to safeguard the rights and interests of the artist's heirs and ensures that the work is not exploited without proper authorization.

·         Joint Authorship

The legal protection for a collaborative musical work is granted to all authors involved in the creation of the work. However, this protection is not indefinite and has a specific duration. According to the law, the duration of the protection ends upon the passing of the last surviving author.

To ensure that the rights to a musical work are safeguarded for a specific period, the copyright term is counted from the date of the death of the author who passes away last. This provision allows the authors and their successors to control the use, reproduction, and distribution of the work during the designated period. This means that the authors and their descendants can benefit from the monetary and intellectual gains of their work for a specific timeframe.

Understanding Music Copyright: Ownership, Rights, and Protection

The laws governing music copyright provide legal ownership rights to producers for their musical works and recordings. These rights include the ability to distribute, reproduce, and license their creations, and earn royalties as a result. In other words, copyright owners have exclusive control over their music and are entitled to receive compensation for its use. These laws serve to protect the rights of creators and encourage the production of original music.

There are two main types of music copyright: master copyright and composition copyright.

1. Master Copyright: In the music industry, the copyright ownership of the sound recording is a crucial aspect that is often controlled by producers. Essentially, the producers are the ones who hold the master copyright, which empowers them to regulate the reproduction and distribution of recorded music. This means that the producers have exclusive rights over the sound recording itself, which gives them the power to decide how it can be used or distributed. By owning the master copyright, producers can protect their intellectual property and ensure that they receive proper credit and compensation for their work.
2. Composition Copyright: When it comes to musical compositions, there are various aspects that come into play. These can include the melody, lyrics, and overall arrangement of the piece. It is the composer or songwriter who has the right to ownership of the composition. This copyright gives them the power to control how the composition is used and performed. They have the final say in who can use their work and how it can be used, ensuring that their intellectual property is protected.

When musicians or songwriters create music or lyrics, they automatically establish a copyright for their work. This legal protection ensures that the creators have control over their artistic creations, allowing them to benefit from their efforts and safeguard their rights. By documenting their musical creations, creators can be confident that they have legal protection and control over their work. This is essential for enabling artists to benefit from their artistic endeavours and continue to create new and innovative music that enriches our lives.

The Importance of Registering a Copyright

Copyright protection provides numerous benefits and is essential to safeguard your creative endeavours. As an artist, you have the right to receive royalties for your works, and it's crucial to take measures to protect your creations. For independent artists, it is advisable to be affiliated with a copyright society that aligns with their artistic output and to conduct research to ensure that their rights are adequately protected. ‍Some of the benefits are mentioned below:

1. Solid Evidence of Ownership: By creating an official record, it offers tangible evidence of your rightful ownership over a musical composition or sound recording. This can be extremely helpful in proving your ownership and safeguarding your intellectual property rights.

2. Enhanced Legal Protection: Registering your copyright can help strengthen your legal position and provide additional avenues for protection. In the event of litigation, copyright registration can significantly strengthen your case and increase your chances of success.

3. Deterrent Effect: The act of registering your music can act as a deterrent to potential infringers, conveying that you take the protection of your creative endeavours seriously, and leading them to seek proper permissions before using your work.

4. Access to Legal Remedies: It provides you with access to a wide range of legal remedies and options in case of infringement. You can seek statutory damages and attorney's fees in litigation, which are crucial in recovering damages.

5. Global Protection: By registering your musical creations for copyright protection in your home country, you can take advantage of certain international treaties that facilitate cross-border protection. This means that your music can be protected in other countries beyond your own, providing you with broader legal coverage and safeguarding your intellectual property rights on a global scale.

6. Licensing and Commercial Opportunities: As a musician or artist, it's important to have a clear understanding of how to negotiate and enter into licensing agreements with third parties. This includes music distribution services, publishers, streaming platforms, and film production companies. By registering your copyright, you not only protect your creative works but also increase their perceived value. This in turn enhances your ability to monetize your music and ensures that you receive proper compensation for your hard work and talent.

Interplay between Remix- Copyright

Copyright in musical works is a complex issue when the original composition is copyrighted. The legality of remixing such works raises concerns. The Copyright Act doesn't define the term "remix". A remix usually involves modifying the beats and making minor changes to the lyrics of the original song.

To illustrate, consider the famous song "Tamma Tamma". It was an iconic number that has been remixed and featured in the movie "Badrinath Ki Dulhaniyaa". The remixed version has new beats and a modern feel. However, this poses a legal challenge in terms of protecting the author's rights for the remixed work while also respecting the rights of the author of the original work, without violating copyright law.

Protection to remix makers under the Copyright Act

Section 51 of the Copyright Act states that if someone violates a copyright owner's rights, it is considered an infringement. However, there are certain exceptions where it will not be considered an infringement if certain conditions are met. For example, if someone wants to create a new work by copying a musical or artistic work, they must give notice of their intention and pay the original owner a royalty in advance. The new work must not be marketed in a way that confuses the public about the original artist's identity, and it must not be created until two years after the original work was made. The original author also has the right to inspect all financial records related to the new work.

It is important to note that remixes require the same level of protection as original works when they are launched legally following the guidelines mentioned above. One major issue with remixes is determining the level of original contribution in the adaptation of older works. Additionally, the amount of royalty paid to authors is often not clearly specified, resulting in authors receiving paltry amounts.

Conclusion

In conclusion, the realm of music copyright in India is a crucial framework that protects the rights of artists and creators. It encompasses various elements, including individual and joint authorship, master and composition copyrights, and the duration of legal protection. Registering copyright offers tangible benefits, providing evidence of ownership, legal protection, and access to remedies. The interplay between remixing and copyright adds complexity, emphasizing the importance of balancing the rights of both original and remix creators. Overall, a robust copyright system fosters creativity, encourages innovation, and ensures that artists can continue to thrive in the dynamic landscape of the music industry.