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Copyright Violation In The Indian Music Industry

Authorized Person

These have a right they can reproduce their original work. They can sell and produce it in different formats like CDs, cassettes etc.
  1. Owner:

    The creator of a work is considered its owner. Intellectual property ownership, on the other hand, can be decided differently for various forms of property and under different conditions. For example, if work is generated for an employer, the employer owns the intellectual property.
  2. Creator:

    A person who generates Intellectual property. For example, in the case of a content creator, any individual who provides information to any type of media in a specific context is referred to as a content developer.
  3. Author:

    Anyone who produces original expression in a set medium, such as a book, journal article, computer program, photograph, piece of art, or many other types of creative works, is considered to be an author.
  4. Composer: Notation.

    When referring to a musical piece, the term "composer" refers to the artist who created the music, regardless of whether he or she recorded it in any pictorial notation.
  5. Authorised Person:

    Refers to an individual or a legal entity that is legally recognised as the owner of a protected intellectual property right, its successors in title, or its duly authorised exclusive licensee, as well as an individual, a corporation, or an association authorised by any of the above- mentioned persons to protect its rights.

Copyright Law Introduced In 1847

Copyright Legislation was introduced in 1914, after that some modifications were made to it and it was then continued in 1957 again which is called the Copyright Act, of 1957.

Copyright act is used in many fields such as literary works, it includes newspapers, journals, computer program software, dictionary meaning and many other non-dramatic textual works. LITERARY works either have owners or creators. For instance, if someone wrote a book and it has been published then that published book copyright is entitled to that individual who is also known as the author of the book.

Is Copyright Applicable To Titles And Names?

Titles, names, brief word combinations, slogans, short phrases, methodologies, plots, or factual information are not normally protected by copyright. Ideas and concepts are not protected by copyright. A work must be original in order to be protected by copyright.

Copyright In Musical Works

In the same way, the copyright of the musical work goes to the owner or the originator of the music who produced it in the first place but then also some violation takes place. let's understand it with the help of examples
  1. Masakali Song (Delhi 6)

    In this case, when Masakali 2.0 was released by Tanishq Bagchi, he didn't take any consent from the real owners of the song. Even after the copyright laws, India lacks enforcement mechanisms as its very weak in nature because this producer openly releases mixed versions of old songs. Masakali song is protected under the copyright Act if any person releases anything related to this song without the permission of the owner then it's a copyright violation.
  2. Pandey Ji (Dabbang)

    The allegation, in this case, is that the film was inspired by the TEESRI KASAM movie song CHALAT MUSAFIR. Musical compositions now comprise Music, which is a combination of graphical notations that depict music using visual symbols. A composer is the creator of a musical work. When we discuss sound recordings, we enter another area of copyright law. Sound recordings include any song with or without music, as well as podcasts, audio, and talks. All of these items are protected by copyright. A producer is the creator or owner of a sound recording. for example, Spotify, podcasts, and all stories are copyrighted.

Is Remix Legal?

So, now you know that musical work or music all are copyrighted the owner or composer has full rights that they can themselves sell, copy, record or distribute it in any form they like.

And if we talk about remixes and copyright, the first question arises is that even after strong copyright, is remix legal?
So, in the Copyright Act remix work is not defined, usually, in the remix, any old song is slightly altered to give it a new and fresh version i.e subtraction and addition in lyrics with some beat addon. Let's consider one more case which was from the movie Badri ki Dulhania, that is:

Tamma Tamma Song

The song lyrics are almost identical to the old version of Tamma Tamma song but with some additions in it such as beat change, Badshah's rap, and some more modifications in the lyrics Hence the original song was turned into a remix song.

Remix Is The Art Of Creation

Just like all the original songs, remix songs should get equal protection. Let's discuss the scenarios in which remix is allowed.

Section 51 Of The Copyright Act About The Copyright

Violation. If someone wants to make a remix of any old song then that individual has to go through the rights of the original author i.e.
  1. Prior notice of the intention.
  2. Royalties are paid in advance to the owner.
  3. The owner has the right to inspect books of accounts.
  4. The remix will be launched after 2 years of making the original work.
Hence according to section 51 of the copyright Act if a person without obtaining a license from the owner of the original work or without paying any royalties makes or launches any remix song then that individual has violated copyright law. If a person deliberately violates the owner's copyrights, he is subject to a penalty or a fine. The punishment will last three years, and the fine will range between 50,000 and two lakh rupees. Written By: Kiran - Student at school of law, Chandigarh university

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