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Copyright Protection of Music in India

Courtesy/By: Joanna Lisa Mathias | 2021-01-13 16:08     Views : 45

Copyright law clarifies the process of assigning rights to a musician/singer through the protection guaranteed by copyright law. For original theatrical, literary, creative, dramatic, cinematographic films and sound recordings in India, a copyright can be acquired. Music copyright is a bundle of distinct and exclusive rights. Copyright gives a person the legal right over his creation from copying or stealing. Writers, creators, and performers acquire copyrights to protect themselves from infringement of their works. A song is split into separate sections under the Copyright Act. A copyright can be secured by the owner of each part for his role in the song. A Lyricist would seek copyright protection under Section 2(d)(i) of the Act which states that in a literary work, the person who writes is the author of that work and can get a copyright for the same. A Composer would seek copyright protection under Section 2(d)(ii) which states that the composer is the author of the musical work. He makes the music to a song and thus can get a copyright for it. The singer would apply Section 2(qq) of the Act for copyright protection. This section defines who a performer is. The singer has the right to make a sound recording of his appearance and replicate it or issue copies of it. He is entitled to sell the copies or recordings that he makes. He has the right to have his copies or recordings secured from infringement. The singer’s rights do not affect the rights of the lyricist or composer. Section 2(d)(v) of the Act gives states that a person who does the sound recording is the author of the same. The producer of a sound recording is described in section 2(uu) as the individual who takes the initiative and responsibility for doing the work. The producer can obtain the copyright for his recording of the song.


The duration of copyright in musical work or a literary work is the author's lifespan plus sixty years, and in the case of sound recording, copyright lasts until sixty years from the beginning of the next calendar year after the year in which it is written.


The process for obtaining Copyright in India is first to hire a copyright lawyer, then to apply with the copyright office. This application must be filed along with 4 copies of the work and the prescribed fee. The Copyright Office gives an application number and receipt. The Office then reviews the request and either accepts it or denies the copyright request. Once the application is approved, the album or song is copyrighted. Registration is not necessary, but it is prima facie proof in a court of law concerning a conflict relating to the holders of the copyright when problems occur in court. This registration would act as vital evidence to support the real owner of the case.

If a person infringes copyright using the work of the other person or any other copyright-related issues, it is considered a crime. The sentence can apply to a term of imprisonment of up to three years and a fine of up to two lakh rupees.

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.

Courtesy/By: Joanna Lisa Mathias | 2021-01-13 16:08

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