Music Copyright
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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 executes a copyright assignment 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.
| Category of Work | Duration of Protection |
| Literary & Musical Works | 60 years after the death of the author (posthumous protection for heirs/estate) |
| Sound Recordings | 60 years from the beginning of the calendar year following the year of publication |
| Performer's Rights | 50 years from the beginning of the calendar year following the year of performance |
| Cinematograph Films | 60 years from the beginning of the calendar year following the year of publication |
Licensing in Music Copyright in India
Licensing is the mechanism through which a copyright owner grants permission to a third party to use their work under specific conditions. In India, the licensing of musical works is governed by the Copyright Act, 1957.
There are two main categories of music licensing in India:
1. Voluntary Licensing:
This is a contract-based license negotiated directly between the copyright holder and the licensee. It includes:
- Mechanical License allows reproduction of the musical work in CDs, downloads, or streaming formats.
- A Public Performance License grants the right to perform music in public places, such as concerts, hotels, and events.
- Synchronisation License authorises the use of music in audiovisual formats like films, advertisements, or web series.
- Broadcasting License enables TV/radio stations or digital platforms to air copyrighted music; artists looking to brand distinctive sounds may also explore Trademark Registration for Sound Mark for additional protection.
2. Statutory Licensing (Section 31D):
This license was introduced by the 2012 amendment, which provides for compulsory licensing for broadcasting organisations.
- Broadcasters can use copyrighted music without prior negotiation with the owner,
- Broadcasters must notify the copyright owner and pay royalties at rates fixed by the Copyright Board.
Licensing through Copyright Societies
India has registered copyright societies that act as collective rights management organisations. These societies grant licenses and collect and distribute royalties on behalf of authors and owners.
- Indian Performing Right Society (IPRS) manages the rights of lyricists and composers.
- Phonographic Performance Limited (PPL) deals with sound recording rights.
How to Obtain Music Copyright in India?
In India, copyright for a musical composition is automatically granted the moment an original work is created and documented in a tangible form, such as written notation or a recorded file. However, to legally enforce rights over your work or prove ownership, you need to copyright your music:
Steps to Register a Music Copyright Online
Prepare the Work
Ensure the musical composition (with or without lyrics) is complete and recorded or notated in a fixed medium, whether in sheet music, an audio file, or a manuscript.
Visit the Copyright Office Portal
Visit the official website of the Copyright Office: https://copyright.gov.in.
Create a User Account
Sign up as an applicant (individual or organisation) and log in to initiate the online registration, and click on the link “Click for online Copyright Registration”
Fill the Application (Form XIV)
The online “Copyright Registration Form” is filed in 4 steps:
- Complete Form XIV, then press the SAVE button to save the entered details, and press Step 2 to move to the Next Step.
- Signature to be scanned in 512 KB and kept ready for uploading.
- Fill in the Statement of Particulars, and then press the SAVE button to save the entered details, and press Step 3/4 to move to the Next step.
- Fill in the Statement of Further particulars. This form is applicable for “LITERARY/ DRAMATIC, MUSICAL, ARTISTIC AND SOFTWARE” works, and then press the SAVE button to save the entered details, and press Step 4 to move to the Next Step.
Pay the Statutory Fee
Payment can be made online through the portal.
Submission and Diary Number
After a successful payment, a Diary Number is generated, which serves as an acknowledgement of the application submission and allows you to track its progress.
Examination by Registrar
The Copyright Office waits for 30 days to receive any objections to the application. No objection is received during this period:
- The application is examined.
- The Registrar may seek clarification or additional documents.
Registration Certificate Issued
Once the application is approved, a Certificate of Registration is issued along with the copyright registration Number.
Why Choose Kanakkupillai?
For music creators in India, composers, lyricists, producers, and performers, understanding copyright law is the most crucial step to protect their work. At Kanakkupillai, we simplify this journey.
- Expertise in Music Copyright Laws: Kanakkupillai has a dedicated team of legal experts who are well-versed in India's copyright laws and their subsequent amendments.
- Copyright Registration Process: We make the copyright registration process simple and hassle-free. From preparing your work for registration to filing it with the Copyright Office, we handle every step with precision.
- Support for Every Music Creator: We understand that no two music creators are the same. That’s why we take the time to listen and understand exactly what you need. Whether you are registering a new track or looking for guidance on licensing, our legal team offers solutions that are designed just for you.
- Timely and Transparent Services: At Kanakkupillai, we are committed to delivering services on time, without keeping you in the dark. Transparency is at the heart of what we do.
We believe in clear, open communication, so you will always know exactly where things stand.
Frequently asked questions
Music copyright in India refers to the legal protection granted to original musical works, including melody, lyrics, sound recordings, and performances. It ensures that creators, composers, lyricists, performers, and producers have exclusive rights to control and monetize the use of their works.
Yes, music copyright can be transferred or assigned through a contract. For example, lyricists and composers can assign their rights to music labels or producers, but they retain the right to receive royalties.
Yes, copyright protection is generated in India automatically as soon as a musical work is created and fixed in a tangible form. However, registering the copyright provides legal evidence of ownership in case of disputes.
Copyright societies, such as the Indian Performing Right Society (IPRS) and Phonographic Performance Limited (PPL), manage the rights of composers, lyricists, and producers. They collect royalties on behalf of the creators and distribute payments for uses like public performances, broadcasts, and digital streaming.
Performers, such as vocalists or musicians, have both moral rights (the right to be credited) and economic rights (the right to receive royalties for the use of their performances). These rights last for 50 years from the year of the performance.
If your music copyright is infringed, you can take legal action for civil or criminal infringement under the Copyright Act, 1957. The law allows for injunctions, damages, and in some cases, imprisonment.
Yes, you can license your music for use in films, advertisements, and other audiovisual content. This requires a synchronization license, which gives the licensee the right to synchronize your music with visual media.
While copyright is automatic, registering your music provides you with legal proof of ownership, which is vital in the event of disputes. Registration also facilitates the claiming of royalties, and it is required to file an infringement suit in court.
In India, music copyright is divided into several categories: • Musical Work: Refers to the melody and composition. • Literary Work: Refers to the lyrics of the song. • Sound Recording: Refers to the recorded version of the song. • Performer’s Rights: Refers to the rights of vocalists, instrumentalists, and other performers.
Musical and Literary Works: 60 years after the death of the author (posthumous protection for heirs). Sound Recordings: 60 years from the start of the calendar year following the year of publication. Performer's Rights: 50 years from the beginning of the calendar year following the performance.
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