Music Copyright

Music Copyright in India

India’s recorded music industry is estimated to be worth over ₹12,000 crores, and it has been growing at a significant rate. The industry is structured on the principles of copyright law. The rights granted under the Copyright Act, 1957, as amended by the Copyright Act, 1994, and 2012, are crucial in determining ownership, exploitation, and enforcement of musical works in the country. The Copyright Act, 1956, recognises composers, lyricists, producers, and performers as distinct rights holders, and has entitled each category to specific economic rights, such as reproduction, public performance, distribution, and adaptation. The duration of copyright protection ranges from 50 to 60 years for different categories of musical content.

What is Music Copyright in India?

Music copyright in India refers to the legal protection granted to original musical works and their associated rights under the Copyright Act, 1957. It ensures that creators such as composers, lyricists, performers, and producers have exclusive rights over the use and exploitation of their intellectual creations.

Under Section 14 of the Copyright Act,1957, the owner of copyright in a musical work has the exclusive right to reproduce the work, issue copies, perform it publicly, make adaptations, and communicate it to the public. In the case of sound recordings, the producer holds the copyright in the fixation of sound.

Legal History of Music Copyright in India

• Copyright in India originated from colonial-era legislation, and the first domestic statute, the Indian Copyright Act of 1914, was followed by the Copyright Act, 1957, which introduced classification of works, including "musical works" and "sound recordings."
• The 1994 Amendment introduced a distinct copyright in performances and replaced "records" with the broader term "sound recordings."
• The 2012 Amendment brought royalty rights to authors even after assigning their work, brought performers' rights closer to those of authors, and introduced statutory licensing for broadcasting.

Components of Music Copyright

Indian copyright law protects multiple rights within a single piece of music, such as:

1. Musical Work (Section 2(p))

A musical work refers to a combination of melody, harmony, and rhythm, expressed in written or graphic notation. It does not include lyrics or any words associated with the music. The composer is the first owner of this right, unless it is created under a contract of service.

2. Literary Work (Section 2(o))

Lyrics of a song are treated as literary works. The lyricist holds the copyright in the written words of the song. If the lyricist assigns the rights to a music label or producer, the original rights persist with the label or producer.

3. Sound Recording (Section 2(xx))

The producer of the sound recording, usually the music label, holds the copyright in the recording, separate from the music and lyrics embedded within it.

4. Performer’s Rights (Sections 38 to 38B)

These include rights granted to vocalists, instrumentalists, and other artists who perform a fixed or transmitted work. Performers are granted moral rights and economic rights over their performance for 50 years from the year of performance.

5. Cinematograph Film (Section 2(f))

When a song is incorporated into a film, it becomes an integral part of the cinematographic work. After incorporation, the film producer obtains rights to synchronise the music and lyrics, subject to the royalties to the authors of the music.

Ownership and Authorship

According to Section 17 of the Copyright Act, 1956:

• The composer of the music and the lyricist of the song are the authors of the musical and literary works, respectively.
• The producer of the sound recording (usually a music label) is the first owner of the sound recording.
• The performer is the first owner of performance rights.

Bundle of Economic Rights

Under Section 14 of the Copyright Act, 1957, creators of musical works enjoy a bundle of economic rights, such as:

• Reproduction Right: The right to make copies of the musical work or sound recording in any material form, including physical copies (CDs, vinyls) and digital formats (MP3s, streaming).
• Distribution Right: The right to issue copies of the work to the public, including commercial release through physical and digital channels.
• Public Performance Right: The right to perform the work publicly or to communicate it to the public via events, concerts, broadcasts, or digital streams.
• Adaptation Right: The right to create derivative works such as remixes, background scores, or adaptations in new genres or languages.
• Communication to the Public: The right to transmit the work to the public through broadcasting, online platforms, satellite radio, etc.
• Synchronisation Right: In the case of music used in films, advertisements, or video content, this refers to the right to synchronise the music with the visual content.

Term of Rights

The duration for which copyright subsists in musical works is governed by Sections 22 to 27 of the Copyright Act, 1957.