COPYRIGHT IN MUSIC INDUSTRY
PUBLISHED BY MS. HARINDER, NARVAN, MS APARNA JAIN, MS AASHRIKA AHUJA AND MR PURNOOR BHAN SINGH BRAR AS ON 26.02.2024
INTRODUCTION
Copyright in music industry refers to legal protection granted to the creators of original musical works. It mainly extends to original songs, lyrics, melodies and sound recordings. It basically includes exclusive right granted to the copyright owners, allowing them to control and benefit from the use, public performance, license and distribution of their original content in relation to music. According to Section 13 of the Copyright Act, 1957, an artistic, literary or musical work is the brain-child of an author, the fruits of his/her labor and, so, considered to be his/her property. According to Section 22 of the Copyright Act, 1957, Copyright is valid till the time the author is alive & 60 years after the death of the author. In case of a work of joint authorship, be construed as a reference to the author who dies last. Registering one’s copyright provides a public record of ownership claim. This can be extremely beneficial if one needs to prove in court ownership as original creator of the work. The registration serves as prima facie evidence (meaning it’s accepted as correct until proven otherwise) of the validity of the copyright and the facts stated in the certificate. This can make it much easier to assert one’s rights in case work is ever infringed upon. Knowledgentia Consultants is one stop shop for providing best copyright registration services in India.
SIGNIFICANCE OF REGISTERING COPYRIGHT:
- LEGAL EVIDENCE
Registering copyright provides a public record of ownership. This can be extremely beneficial if you ever need to prove in court that you are the original creator of the work. The registration serves as prima facie evidence (meaning it’s accepted as correct until proven otherwise) of the validity of the copyright and the facts stated in the certificate. This can make it much easier to assert your rights if your work is ever infringed upon.
- ELIGIBILITY FOR STATUTORY DAMAGES AND LEGAL FEES
Registering your copyright prior to any infringement, one can be eligible to receive statutory damages and legal fees in a legal case. While copyright exists from the moment a musical work itself is created, registering that copyright can provide significant legal advantages, making it a worthwhile consideration for any songwriter or composer.
- DETERRENT EFFECT
Registration of copyright acts as a deterrent to potential infringers.
- GLOBAL PROTECTION
Registration of copyright in home country can facilitate international protection of one’s creations in Berne Convention Countries.
- LICENSING AND COMMERCIAL OPPORTUNITIES
Registration of copyright provides a clear framework for entering into licensing agreements with publishers, distributors, sound recording companies thereby providing and inflow of income in the form of royalty or licensing fees for the artists.
DIFFERENCE BETWEEN MUSIC PUBLISHING AND MUSIC LICENSING
Music publishing and music licensing are two critical aspects of the music industry ecosystem, and while they are interconnected, they serve different functions.
Music Publishing
Music publishing involves the management and promotion of a song’s copyright. When a song is written, it automatically becomes copyrighted material. This copyright is a form of intellectual property, and it gives the owner exclusive rights to reproduce, distribute, and perform the song. A music publisher’s role is to exploit this copyright by finding opportunities for the song to be used commercially. This could involve getting the song played on the radio, used in a film or TV show, covered by another artist, or included in a commercial.
Music Licensing
Music licensing is the process through which music rights holders (often the songwriter or their publisher) grant permission for their music to be used by others. This could be for a variety of uses, such as in a film, TV show, commercial, video game, or even on the radio. When a song is licensed, the rights holder typically receives a fee in exchange for granting this permission. This fee can vary widely depending on the nature of the use, the popularity of the song, and other factors.
GRANT OF LICENCES BY THE OWNERS OF COPYRIGHT
According to Section 30 of the Copyright Act, 1957 the owner of the copyright in any existing work of the prospective owner of the copyright in any future work may grant any interest in the right by license in writing by him or by his authorized agent. Provided that in the case of a license relating to copyright in any future work, the license shall take effect only when the work comes into existence.
Statutory License for Broadcasting Musical works and Sound recording:
According to the Section 31D of the Copyright Act, 1957 any broadcasting organization desirous of communicating to public by way of a broadcasting or by way of performance of a Musical work and Sound recording which has already been published may do so, by giving a prior notice , in such a manner as may be prescribed, of its intention to broadcast the work stating duration and territorial coverage of broadcast and shall pay to the owner of the rights in each work royalties in the manner and at the rate fixed by the Commercial Court.
Provided that, the names of the Authors and the principal performers of the work shall be announced with the broadcast.
CASE STUDIES:-
- TIPS INDUSTRIES LTD. V. WYNK MUSIC LTD, COMMERCIAL SUIT IP (L) NO. 114 OF 2018.
In the case, the Defendants admittedly were using the Plaintif’s Repertoire, the ownership in the copyright of which plaintiff was the owner. The court observed that the present suit and Notice of Motion moved by the Plaintif are not motivated by money. Considering that the Defendants are knowingly infringing upon the Plaintif’s copyrights, grant of temporary injunction restraining the Defendants is necessary and is the appropriate remedy. In so far as the balance of convenience is concerned, it is an admitted position that the Defendants are using the Plaintif’s entire repertoire on their platform. The Defendants currently host nearly 2.6 million sound recordings of other copyright holders. Thus, an injunction order restraining the Defendants from using the Plaintif’s Repertoire would preclude them from using 25,000 songs out of 2.6 million songs. The injunction order against the Defendants shall not bring their business to a standstill or cause irreparable injury to the Defendants. On the other hand, the Plaintif’s entire repertoire is being widely exploited by the Defendants without payment of any royalty. I am therefore of the opinion that the balance of convenience is in the favor of the Plaintif and not the Defendants.
- SAJEEV PILLAI VS VENU KUNNAPALLI, (2020) 1 KER LT 530
The Court noted that the first sub-section of Section 57(1) provides the author to restrain third parties. The second sub-section provides the author the entitlement to claim damages by such a third party for any distortion, mutilation, or other modifications to his work or any other action that would be prejudicial to his/her honor or reputation. This provided the appellant an unparalleled advantage in the case and that his/her copyright assignment of the work would not exhaust the legal right to claim authorship over it.
- YASH RAJ FILMS PVT LTD VS SRI SAI GANESH PROSDUCTIONS & ORS, AIRONLINE 2019 DEL 1017
The Court, held that copyright exists in the ‘cinematographic film’ independent from other underlying works that come together to constitute it and that there is a requirement of originality to exist in ‘cinematographic films’ which can be read into from Section 13(1) (b) of the Copyright Act, 1957 through Sections 13(3)(a) and 2(d) of the said Act even though it has not been explicitly mentioned. The Court, also held that the expression ‘to make a copy of the film’ provided in Section 14(d)(i) of the said Act does not simply mean creating a physical copy of the film by process of duplication. Furthermore, as the movie are protected just like original works, the Court extended the test of originality set out in the case of R.G Anand v. Deluxe Films to distinguish between the two films based on ‘substance, foundation, and kernal’ and understand the viewpoint of an average moviegoer as to whether they would have an unmistakable impression that one work was a copy of the other. In the instant case, the Court found that the defendants had blatantly copied the plaintiff’s film’s fundamental, essential, and distinctive features.
- NOVEX COMMUNICATIONS PVT LTD. V TRADE WINGS HOTELS LIMITED, COMMERCIAL IP SUIT NO. 264 OF 2022
The Bombay High Court, has held that Novex Communications as well as Phonographic Performance Limited (PPL) to be entities, that can act as valid assignees permitted to issue licenses without being registered as a Copyright Society under Section 33(1) of the Copyright Act. The Court ruled that Section 30 contemplates owners to be assignees, and hence PPL and Novex as owners/assignees have the power to grant licenses, in general. The Court also held that it could not have been the intent of the Parliament to disable authors/owners who withdraw authorization from a copyright society from issuing licenses by the owner. The same, according to the court, would harm the public interest of making available the works to users. The HC held that Section 33(1) of the Act cannot curtail the power of the owner to grant any interest in the copyright by license under Section 30 of the Act. Here the Court omitted dealing with the contention of the Defendants that Section 30 and 33(1) do not contradict each other, and Section 30 operates generally to owners issuing licenses, and Section 33 applies to all those who are in the business of issuing licenses, including owners apart from in their individual capacity (i.e., personally in respect to their works, as against a specific agency curated just to seek assignments and issue licenses as a business).
CONCLUSION
As the global marketplace continuous evolves, it is essential for individuals and business seeking to thrive in a world where creativity knows no borders. Knowledgentia Consultants which is the best law firm trademark and brand registration in Greater Kailash not only adapts to the changing legal scenario but also makes the transition for clients easy and accessible. We are your one-stop solution for all kinds of legal, compliance and supplemental matters concerning copyright within and outside India. In case of any query regarding this matter you may email us at info@knowledgentia.com or visit our website -https://knowledgentia.com/.
