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The creation of a song as we know it involves a collaboration between music composers and lyricists, each contributing their unique talents to produce a harmonious blend of music and lyrics. In India, the rights of music composers and lyricists as authors of a musical work and a literary work, respectively are protected under the Copyright Act of 1957 (“Act”). This article delves into the various rights conferred upon music composers and lyricists in India under copyright law.
The moment the lyrics, melody, and/or the musical arrangement of a song takes a tangible form, whether in writing or recording, they are automatically safeguarded under the Act as a literary work and a musical work, respectively. The lyricist or songwriter who creates the original lyrics of a song is recognised as the first owner of the copyright for those lyrics. Similarly, the music composer who creates the original melody or the musical arrangement of a song is recognised as the first owner of the copyright for the melody or the musical arrangement.
Under the Act, the term of copyright protection for lyrics or melody and/or musical arrangement is the lifetime of the lyricist or the music composer, as the case may be, plus an additional 60 years after their death. This ensures that the lyrics and music created by the lyricists and music composers, respectively, will continue to be safeguarded long after their time and their legal heirs or the successors in interest of the lyricists or music composers can continue to benefit from their creative works.
Under Section 14(a) of the Act, the lyricists and the music composers are conferred with the following exclusive rights in respect of their original lyrics and melody and/or musical arrangement, respectively:
1.Reproduction Rights: The right to reproduce their lyrics or melody and/or musical arrangement in any material form, including the storing of it in any medium such as print, digital, and audio recordings. This means that no one other than the lyricist or the music composer, as the case may be, can copy, reproduce, or publish their lyrics or melody and/or musical arrangement without obtaining proper authorisation or a licence from the lyricists and the music composers or their authorised representatives.
2.Publication Rights: The right to issue copies of their lyrics or melody and/or musical arrangement to the public. This means that the lyricists or the music composers can choose when and how their lyrics or melody and/or musical arrangement are made available to the public and in which format.
3.Performance Rights: The right to perform the lyrics or melody and/or musical arrangement created by the lyricist or the music composer, respectively, in public or make it available for being seen or heard or otherwise enjoyed by the public directly or by any means of display or diffusion other than by issuing physical copies of it. The lyricist or the music composer can control where and when their lyrics or melody and/or musical arrangement are performed.
4.Video or Sound Recording Creation Rights: The right to make or to authorise the making of a video (cinematograph film) or a sound recording by incorporating the lyrics or the melody and/or musical arrangement created by the lyricist or the music composer, respectively.
5.Translation and Adaptation Rights: Lyricists and music composers also have the right to adapt their lyrics or melody and/or musical arrangement into other languages, such as translations or derivative works, allowing them to explore new creative avenues and reach a broader audience.
Though the above rights are exclusive for the lyricists and music composers as the authors of the copyright in their respective literary and musical works, no right covers their absolute ownership over their works. If the producer of a film or a sound recording commissions a music composer or a lyricist, for reward or valuable consideration to compose music or lyrics, such producer becomes the first owner of the copyright therein and no copyright subsists in the music composer or lyricist for their works, unless there is a contract to a contrary. As a general industry practice, the music labels and producers who enter into contracts with the music composers or lyricists enjoy most of the ownership.
Contrary to the exclusive rights under Section 14(a) of the Act that can be assigned completely in favour of the music labels and producers, the lyricists and the music composers, as the authors of their respective literary and musical works, also have the following special rights/moral rights under Section 57 of the Act which can’t be waived:
1.The Right to Paternity: Lyricists and music composers have the right to be credited as the authors of their original works or creations (literary or musical), irrespective of whether they have assigned their rights in and to their works to a third party such as a producer or a music label.
2.The Right to Restrain & Claim Damages: Lyricists and music composers have the right to restrain and claim damages for any distortion, mutilation, or other modifications to the lyrics or melody and/or musical arrangement that may harm or affect their reputation.
Further, lyricists and music composers, as the authors of literary works and the musical works incorporated in songs, have the right to receive royalties when such songs are performed in public. This includes performances in concerts, restaurants, on the radio, etc. The royalties are payable regardless of the medium of exploitation of the song. While the copyright (rights conferred under section 14 of the Act) can be assigned by lyricists or music composers, the right to receive royalties cannot be assigned completely by them to any person other than their heirs or a copyright society for collection and distribution of royalties. In case of assignment of the rights by lyricists and music composers, the right to receive royalties can be at the most shared equally with the assignee i.e., the maximum waiver of the right to receive royalties permissible under the Act is 50%. Any agreement, except agreement for the assignment of the right to communicate the literary or musical works to the public along with a cinematograph film in a cinema hall, entered into by a lyricist or a music composer with a third party such as a music label for the complete waiver of their right to receive royalties will be invalid.
In India, lyricists and music composers enjoy robust copyright protections designed to acknowledge and protect their creative contributions to the world of lyrics and music. While the rights of lyricists and music composers are substantial, there are exceptions, such as fair use for purposes like criticism, review, news reporting, education, and research. Understanding these rights is essential to ensure that the hard work of lyricists and music composers is valued, respected, and appropriately compensated. These rights not only empower lyricists and music composers but also encourage the continued growth of the music industry in India. By being informed and assertive about their rights, lyricists and music composers can keep adding their lyrical talents to Indian music and ensure their artistic legacy lives on.
The next article in this series will deal with the rights of singers and musicians under Indian copyright law.
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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