Copyright is a legal protection that has a custodial feature for the benefit of the creators of original works of authorship, giving them the full right to use, share, and make copies of their works. It includes the protection of many forms of creative activity, including literature, music, movies, software, fine arts, and so on. It is due to copyright that the author gains an advantage for economic gains while at the same time retaining control over his work, giving profit to the imaginative work. The right is granted automatically upon the production of a work in a definite, tangible medium. Though formal registration may not be a requirement, it does help bolster the protection afforded.
The basic reason to establish copyright law is the potential realisation of creativity or innovation where there is a prospect for new work and presenting possibilities of new work generation in front of its creators. This is created by giving some exclusive rights to the creator for a period, usually the lifetime of the creator and another fifty to seventy years depending upon the country, India the term is sixty years. Such rights include the right to prepare derivative works, to make copies of the work, to sell or otherwise distribute the work, to perform the work publicly and to display the work publicly and to grant those rights to others. But there are also limits to copyright; there are even fair use or fair dealing provisions which mean that certain categories of copyright works can be used without permission for purposes such as criticism, comment, teaching, scholarship or research.
Copyright does not protect raw information or how-to procedures, but it does protect an embodiment of a creative act in any useful form. The system, therefore, stands in relation to other regulations for intellectual property rights, including patents and trademarks, as an emphasis on other aspects of creation and ingenuity. Copyright, reconciling the claims of the authors with that of society in general, fosters both cultural and economic development. It also ensures that creative works will be free for the public to use once their copyright term is over and that the works will be in the public domain.
Elements of a Song Copyright
In India, the copyright for a song grants protection for specific aspects of the song. For this purpose, the Indian Copyright Act of 1957 seeks to protect the rights of the authors. Music itself is an artwork which holds several aspects that can be given the concept of copyright – lyrics, music, and sound. And in turn, these may be given the concept of copyright individually. With this article, we will continue to explain in detail how one can go about procuring copyrights for his music pieces in India :
- Novelty – The primary requirement for the copyright of songs is that they must be original creations. They then ought to demonstrate the intellectual effort and craftsmanship of the author and must not be a lowly imitation of something that already exists. Ideas or issues per se are excluded, but rather an abstraction, such as the precise words used in the lyrics or tunes or even an audio recording of the performance of the music.
- Musical composition – Copyright laws also protect musical compositions, that is, a combination of melody, harmony and rhythm. In this regard, it does not matter whether the composition is fixed in written form as in the case of sheet music or done with the aid of some digital tools or even recorded freestyle extemporisation. The composer of music is entitled to the right to reproduce or perform said work and make any adaptation of his work.
- Lyrics – Copyright law protects the lyric quality in a song as a ‘literary work’ without any concern whether it is written or ‘performed’. Such a provision ensures that the person who produces the lyrics will have ‘control over what is done with them’, meaning that they cannot be reproduced, distributed or even transformed into other works.
- Sound Recording – Whenever music, or a song, for that matter, is stored in a tangible medium such as a CD or digital file, it is considered as a different object that has its own right of copyright. The sound producer is the owner of the copyright relating to sound recordings and has the right to make copies of them and to sell them. This right to reproduce and distribute is referred to in most cases as the right from the copyright on the musical work or lyrics.
- Performance Rights – Performance rights include all the performers, vocalists and instrumentalists that come under the Indian Copyright Act, 1857. Rights are provided to the artists, which protect the efforts of the performer and provide due credit and payment for such performances of the song that are either live or recorded.
- Moral Rights – These rights allow the authors to safeguard their work against distortion with proper credit. For instance, the lyricist or composer can be allowed to reject any alterations in the song at stake or other uses that they may consider as misrepresenting the heart of the song or sullies their name. Even when economic rights are assigned, these rights do not vacate a creator.
- Possession – In most cases, the rights belong to the persons that describe the work, that is lyricist, composer or producer. In any case, such rights can be assigned to third persons, such as hired production companies or music labels by signing the appropriate contracts. At all times, this transfer must be effected through proper documentation so that there are no conflicts over who owns or is entitled to use the song.
- Registration – Although copyright protection begins at the moment of origin of a piece of creative work, its wise inclusion as a song in the registration with the Copyright Office of India enhances one’s legal right in the work. Such an inclusion results in an endorsement which can be adduced to give credence in a court of law. This involves payment of some fee, the submission of a form of application and, subsequently, clearance from the registrar.
How to Copyright a Song?
In the following paragraphs, the legal side of music writing will be outlined so that it can be comprehensively understood within the parameters of the Indian Copyright Act of 1857. In such composition work, copyright is automatically obtained when the work is completed. In any sort of copyright violation case, this makes it possible for one to prove his or her authorship and make arrangements for the protection of rights. A thorough explanation of the procedure for copyrighting music in India can be segmented into the following modules –
Get the work ready for registration of copyright
Ensure that the work is original and complete before you register it. A song is normally three-pointed. Words, meaning the actual words to the song, Music, meaning the arrangement of instruments around the theme and rhythm and Voice, meaning the recording of the song itself can also be considered an Intellectual Property. Also, a hard copy of the same should be filed, which can be sheet music, audio recording or even some kind of lyrics.
Decide on whom the applicant is
To whom shall the rights vest, an applicant could be any of the following, may it be a performer, composer or lyricist. Music companies or producers may file in case the rights were transferred. Where there are more than one person involved in the title, they can add themselves in a single application.
Prepare the application
Visit the Regional Office, Delhi or the official website of the Copyright Office of India, www.copyright.gov.in, and then download the copyright registration application Form XIV. Declare the title, owner’s name, date of completion and the nature of the product; it is a piece of sound or aural literary or musical composition. Where possible, include information regarding the rights or relevant rights-related agreements which are intended to be incorporated.
Present any further supporting documents
Please attach the following documents to your application: Words of the song, Audio of the song, Score of the music or other form of applicable music arrangement, and Declaration confirming that the said work is an original work. This is a transfer of the ownership of copyright.
Payment of the filing fee
As copyright registration differs from one work to another, a prescribed fee has to be paid for that. Example: Copyright of Musical work is held for a fee of ₹500 per work. The cost for Copyright of Musical work with recording is ₹2000 per work.
Registration fee payment is made through the net deposit system or a demand draft to the Registrar of Copyrights.
Submission of application form completion
A completed application form, along with supporting documents and a payment slip, will be submitted to the e-filing portal of the Copyright Registry. Or it may be presented or sent to the Copyright Office in New Delhi.
Wait for proper scrutiny and any related challenges
The application filed with the Copyright Office shall be scrutinised with respect to its veracity and originality. This process shall involve the following:
Examination Period: Provided herein is a period not exceeding 30 days during which objections can be filed.
Handling objections: If some third party raises some objections, then a hearing would be held with all parties invited.
Obtain a certificate of registration of copyright
In case there are no objections or in case there are objections but these are resolved to satisfaction, the application shall be granted by the Registrar of Copyrights. A Copyright Registration Certificate acts as proof of ownership.
Terms of protection and related rights
Once registered, the copyright shall give the authors the exclusive right to reproduce, sell, distribute, transmit, perform or license the work. It is valid for the life of the author plus an additional 60 years in respect of literary works with music and words. With respect to sound recording, copyright is valid for 60 years from the year of publication.
Conclusion
Copyright generally is addressed towards the advantage of song composers along with the words of music and the record producers so that such creations continue to earn a profit for them. It forbids such people from performing other activities like reproduction leeching, the performing rights of works in public or altering the works without consent while also giving them the facility to approach courts of law if their rights are violated.
In India, the course of registering a song to copyright is simple, as all one has to do is provide all relevant documentation, materials, and non-refundable processing fees to the Copyright Office. The protection garners all aspects of the song and includes the lyrics, the music composition and the final sound record cover. In addition, it broadens the possibilities of the authors as it provides the opportunity to let commercial use of their creations with the guarantee of the authors’ rights related to the naming, modification and use of the works.
When dealing with the issue of the importance of song copyright, it is not just the protection of individual rights that matters but rather enforces creativity and innovation in the music industry. It tries to give incentives to those creatives in the same breath as giving space for the public to have access to this creation. It, therefore, follows that an assurance of the benefits of copyright law will encourage musicians to publish their creative works, and such benefits will contribute to the development of the diverse cultural sphere of music which India boasts of.
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