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Protection of music under IPR law
The purpose behind intellectual property rights (IPR) is to award the artist, creator, or inventor with a security that will help them exercise their creation for monetary purposes for a limited period of time on the one hand and, on the other, restrict others from exploiting such rights. When it comes to the music industry, IPR has a primary role to play.
Copyright in music
Copyright is a form of intellectual property where a copyright owner has the right to protect his work (artistic, dramatic, literary, cinematograph films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government, works of international organizations, and software) from getting copied. Having copyright over a song or music prevents others from reproducing the work. It grants performance rights only to the copyright owner. In India and countries like the UK, copyright is granted as soon as the artistic work comes into existence, provided it is captured in a tangible form, unlike in the US, where copyright registration is mandatory. Copyright for literary and musical works lasts for the owner’s lifetime plus 60 years after the death of the owner, and if the work includes the contribution of more than one person, the term is 60 years from the death of the last author/artist.
In India, copyright laws are governed by the Copyright Act of 1957. Music contains different elements and is the contribution of multiple people and their intellects. There are different stages in the formation of a song, which include the lyrics being written by a lyricist, the composer adding music to it, and, after that, a singer singing that song. Now this song is recorded in the studio by the singer, and the producer of the song records it. So it can be concluded that it is the combined effort of multiple people.
Provisions in copyright laws for music
Music is not considered a whole; under copyright laws, a song is divided into various parts, and the owner of that part can claim their rights only to that part of the song. Section 2(d)(i) of the Act states that in relation to literary and dramatic works, the person who writes these works is called the author of the work; similarly, in songs, the lyricist is the author of the work, so that the lyricist can claim his copyright over the lyrics of the songs as an author.
Section 2(d)(ii) of the Act states that in relation to musical works, the composer would be considered the author of the work. Further, Section 2(p) describes “musical work” as a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken, or performed with the music. A composer is a person who adds music to the lyrics of a song, and therefore he has the right to claim copyright over the music of the song.
Section 2 (qq) describes “performer” as an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture, or any other person who makes a performance. Thus, under this Section, a singer can claim his copyright over the work for which he made contributions.
A producer is described under Section 2(uu) of the Copyright Act, 1957, in relation to a cinematograph film or sound recording. A producer is a person who takes the initiative and responsibility for making the work. As the music producer is the one who undertakes the recording and broadcasting responsibilities along with various creative/ technical leadership roles, he is the owner of the recording of the song.
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Негізгі бет How to Copyright Music India | Music Copyright Protection India | Copyright Registration | Trademark
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