Copyright on Musical Work

By Koushambi Sengupta

As per section 13 of the Copyright Act, 1957, in works like musical work, copyright shall subsist throughout India along with some other works like original literary works, dramatic works, artistic works, etc.

Musical work refers to a work that contains music along with graphical notations but does not include any words sung, spoken, or performed.

Copyright in musical work shall cover the following scope.

Arrangement of music by-

A. New harmonies

B. Adding accompaniments

C. New Rhythm

D. Different combinations of the above-mentioned things.

Song

There is actually no copyright for a song.

The lyrics of the song have copyright. The author of such lyrics enjoys the copyright and the music used in the song is the Copyright of the composer of such music.

But where the lyricist and music composer of a song is the same person, then he would own the copyright in the song.

An old song with different music composition and/or a little different lyrics

Old songs made again with different music and/or a little different lyrics are popularly known as a remix.

A remix of old songs is currently very popular among the young generation, especially in India. Remix has become a trend in the current music industry.

Such adaptations are nit considered as copyright infringement of the original music composition.

In Redwood Music vs Chapell, 1938, RPC 109 (119), the Honourable Court held that if a musical arranger develops, transfers or decorates to a different medium or changes the arrangements of simple music used in a popular song in such a manner that it falls within the description of an original piece of musical work, such arrangements or adaptation are not considered as an infringement of copyright and thus is capable of attracting independent copyright. 

How to determine the originality of a musical work? 

A musical work must fall within the definition of original work to enjoy independent copyright. 

In order to determine the originality of a musical work, the following must be taken into account- 

A. The degree of skill used.

B. The degree of innovativeness applied.

C. Amount of effort and labor used. 

D. Lay observers test that is, depending on public observation.

Relevancy of expert opinion in a musical work

As per Section 45 of the Evidence Act, an expert's opinion is admissible as evidence even though a Court's decision never fully depends upon an expert's opinion. 

Thus, and expert opinion in a musical work is also admissible. An expert's opinion must pass the test of Scrutiny at the trial stage of a Court.

Even when motion is decided on the basis of affidavits and cross-examination has not yet been done, an expert's opinion is still relevant and admissible during such an initial stage.

This article does not intend to hurt the sentiments of any individual, community, sect, or religion, etcetera. This article is based purely on the author’s personal opinion and views in the exercise of the Fundamental Rights guaranteed under Article 19(1)(A) and other related laws being enforced in India for the time being.