PROTECTION OF COPYRIGHT INFRINGEMENT IN THE INDIAN MUSIC INDUSTRY: –
THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-9 ISSUE NO:- 9 ,MARCH 25, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com PROTECTION-OF-COPYRIGHT-INFRINGEMENT-IN-THE-INDIAN-MUSIC-INDUSTRY –SWAYAMPRABHA SARANGI BBA.LLB SOA NATIONAL INSTITUTE OF LAW ABSTRACT: – The music and music industry is the most usurped by the digitalization of technologies. The Indian Copyright (Amendment) Act, 2012 was enforced to solve the underlying copying of the works and provide security to all the composers, artists, and lyrists. In this paper, we will come across the exclusive rights of the authors and owners. We will also get knowledge about the rise of piracy due to the increase in social media use. How these pirated sites degrade the value of the owners and authors. We would also come to know about the Platformisation of music and songs and the reallocation of artists by giving them non-film music platforms. Interference of the telecom industry is the root cause of such Platformisation. We would learn about infringement and its remedies and how far India needs to go to achieve that upper hand in the music industry -Keywords: music industry, copyright, infringement, piracy, Platformisation, protection, artist`s rights. INTRODUCTION: – Whenever a piece of music is made, it involves the effort, skills, and talent of the following people. Such as; lyrists who writes the script of the song, composer who makes the music and sound recordings of the song, instrumentalists who give the background tone to the song, and last but not least the singer who sings the song or rather gives his/her voice to the song. Copyright protection is all for the rights of these people and their works. Copyright is a type of Intellectual property that gives protection to the author, owner, and composer of the music protection against illegitimate copying and reproduction of songs1. A particular song is a result of the original brainstorming of various people and when their intellects comes up together a song is made. The right of the creator of the music i.e., the composer and all kinds of musical works such as instrumental tones and computer graphics used to enhance the song are all the subject matter of the copyright protection of music.2 1Sneha Mahawar, ‘protection of music under IPR law’ (ipleaders.blog), <https://blog.ipleaders.in/protection-of-music-under-ipr-law/> accessed on 15 March 2024 2 Sreetija Makhal, ‘copyright and music industry’ (wordpress.com), <https://csriprnusrl.wordpress.com/2021/05/06/copyright-and-the music-industry/> accessed on 15 March 2024 The duplication of work is being protected up until the life of the owner plus sixty years after that. If there is more than one author it will saved till the life of the last author plus sixty years.3 Economically also, this copyright protection helps to have a monopoly over the song. As held by the Madras High Court in the case M/S Indian Record Manufacturing vs. Agni Music Sdn Bhd (2010)4, if the producer has hired the composer to make the song for his film then, the producer will be the owner, not the composer. The composer will be the author of the song. He will be remunerated for the same. If somebody wants to utilize a certain song for his/her own work, he/she has to take prior permission from the owner. With the permission, it asks for cost also which is to be given to have access to the song. Cost depends upon the number of places where the songs will be used. For example, a song is being made and the owner has obtained rights for the whole lyrics, tone, background music, rhythm, etc. Now, if somebody uses it for different purposes like; advertisement, promotion, or background for any reality show, he/she has to get permission from the owner. The owner will charge money on each use i.e., he will charge for advertisement differently, promotion differently, and use for reality shows differently. THE PERSONS WHO CAN CLAIM PROTECTION UNDER THE COPYRIGHT LAW: – Copyright of a music piece in India is not given to one person as a whole but divided into sub-pieces and protection is assigned to different people included in the making of the music individually. However, the producer can have sole ownership of the music if he wants and if all the parties agree to it. The Copyright Act, of 19575 provides protection under copyright to the following people. The lyricist can claim protection under section 2(d)(i)6. It states that whoever writes a literary, dramatic, or musical work is called the author. The composer under section 2(d)(ii)7 would be considered the author of the literary, dramatic or musical work. A composer adds music and manipulates the graphical notations of the song (musical work) into a fruitful product. Therefore, under section 2(p)8, the composer can be the author of the musical work. d. Under section 2(qq)9, a singer will also be allowed to claim copyright for his work. A singer is a person or performer who adds voice to the musical work and in the end, the music reaches the audience in his voice. It can right put that it is the singer under whom the song is a hit. For example, Arijit Singh. e. Until and unless the music producer has an idea of creating music and to execute that work he hires or assigns the musicians, composers, lyricists, and singers the song will never probably be made. He not only takes the initiative but also looks after all the technicalities in recording, equipment or personnel 3ibid 4 M/S Indian Record Manufacturing vs. Agni Music Sdn Bhd (2010) 5 Copyright (Amendment) Act, 1957, No. 14, § 13-1, Acts of Parliament, 1992 (India) sec14 6 Copyright Act, 1957 sec 2(d)(i) 7Ibid, sec 2(d)(ii) 8Ibid, sec 2(p) 9Ibid, sec 2(qq) required, and also broadcasting rights. Therefore, the producer can claim copyright under section 2(uu)10 of the Act. RIGHTS GRANTED UNDER THE COPYRIGHT ACT, OF 1957: – Section 14 of the Copyright Act, 195711 provides various rights to all the above persons. These rights basically deal will all kinds of exploitation to make more profit out of it. Economic Rights- To