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Music is a powerful art form that resonates with individuals across cultures and generations. Behind every melody, rhythm, and composition lies a complex web of legal principles designed to protect the rights of creators. In this series of articles, I will delve into the realm of music and copyright laws in India, illustrating what constitutes a musical work, answering who the first owners/authors of various components of a song are and their respective rights under the law.
The Indian Copyright Act of 1957 ("Act") is the principal legislation in India that governs copyright protection for various creative works, including literary, artistic, musical, and dramatic works, among others. The Act provides creators with exclusive rights over their works and outlines the terms and conditions under which others can use or reproduce those works.
According to the Act, a musical work is defined as a work consisting of music and includes any graphical notation of such work, but does not include any words or any action intended to be sung, spoken, or performed with the music. This definition encompasses a broad range of musical compositions, from instrumental pieces to vocal arrangements and electronic compositions. It further clarifies what falls under the protection of copyright in the context of musical compositions.
Components of a Song and its First Owners/Authors
A song is a combination of different elements that blend together to create a harmonious whole. The ownership of the copyright in a song mainly involves the following primary elements:
1. Lyrics: The lyrics, or the words of a song, are protected under the Act as a unique literary work. Typically, the first owner/author of the lyrics of a song is the person who wrote the lyrics i.e., the lyricist or the songwriter. As the first owner of the lyrics, the lyricist has the exclusive right to reproduce, distribute, perform, or adapt the lyrics.
2. Music: The music of a song is protected under the Act as a musical work. Music consists of both the melody as well as the musical arrangement of the song. Under copyright law, the composer of the melody and the arranger of the musical arrangement become the first owner/author of the melody and the musical arrangement, respectively. As the first owners, the music composer and the music arranger hold the rights to the reproduction, performance, adaptation, and distribution of the melody and the music arrangement.
3. Performance: The ‘performance’ refers to the act of presenting a musical work to an audience, whether it's a live audience or a recording that can be later reproduced and played for an audience. The singers who provide vocals for the song and the musicians who contribute towards the live presentation or recording of the musical work are known as performers under the Act and they have certain performers’ rights under the Act in relation to their performances in a song.
4. Video: The music video of a song (if any) is protected as both a 'cinematograph film' and a 'sound recording'. The visual part of the video, which includes the accompanying images and scenes is protected under the Act as a ‘cinematograph film’. Simultaneously, the music and audio track used in the video is protected under the Act as a ‘sound recording’.
The rendition of a song, together with lyrics, music and performance, distinct from the underlying musical and literary work, is protected as a ‘sound recording’ under the Act. Generally, the copyright for the sound recording is owned by the person or entity responsible for making the recording, such as a record label or a producer. They possess exclusive rights to reproduce, distribute, perform, or adapt the sound recording.
Now that you have a brief understanding of what constitutes a song and who the first owners of the various components of a song are, it is relevant to mention that, the music industry practices and agreements play a very important role in determining the ownership and other legal aspects of a song. Many times, lyricists, music composers, and performers sign contracts with music companies or publishers or collective bargaining societies which can affect the manner in which their ownership, royalties, and licensing rights are controlled and administered. Therefore, I believe it is essential for artists and creators to be aware of their rights under the law and take necessary legal advice when dealing with copyright and licensing matters.
The following articles in this series will dive a little deeper into (a) the various rights available with lyricists, music composers and performers in India under the Copyright Act, 1957; (b) the role of collective bargaining societies in administering copyright; and (c) legal challenges due to the digitalisation of music.
About the Author
Aakansha Sethi has been with MZD Legal Consultancy and practising law since 2022. Aakansha is a part of the films & television and general corporate teams at MZD Legal Consultancy. She can be contacted at aakansha@mzdlegal.in
About MZD Legal Consultancy
MZD Legal Consultancy is a boutique law firm in Mumbai, India. The firm was established in 2011 and comprises professionally qualified lawyers with varied levels of experience and expertise in specific practice areas. To know more, click here www.mzdlegal.in
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