Author: Supritha Ramakrishnan, Institute of Law, Nirma University
To the Point
Music is a bastion of creativity; however, the music industry cannot function in a vacuum. It relies on the willingness of creators to share their music, which sometimes results in misuse, factors of piracy and other instances of unauthorized reproducing. IP (Intellectual Property) law scores a win for creators by providing legal frameworks for protection, thereby providing music creators with economic rights and moral status. Nonetheless, along with the technological age, the influence of the continued introduction of digitization, streaming platforms and remixes has given rise to new forms of usage.
This paper will look at the intersection of IP law and music support, pulling together legal doctrines, case law and articles to highlight several issues significant to creators collaboration, with particular reference to copyright infringement, fair use and the extent of protection. This article will also look to reforms to enhance musicians rights in an evolving legal marketplace across numerous sectors.
Abstract
Music is an important form of human creative expression, and protecting this expression is critical to maintaining artistic licensing, and equitable compensation. Copyright is the foundation of IP, creating legal protections for works of music. This paper looks at the protections available creator’s of music, the complexities of technology and globalization, as well as the challenges that exist in the enforcement of rights in a technology driven marketplace while distribution is often simultaneous.
The investigation of leading IP cases that address relevant legal principles provide insights on how the legal apparatus can develop as algorithms improve increasingly faster, preserving copyright and protecting the creative works of musicians. The article also relates some additional reforms to bolster musicians’ rights during changes in the law.
Use of Legal Jargon
In the music space, IP law is primarily engaged with copyright, moral rights, performer’s rights, mechanical licenses, rights in sound recordings, and royalties. The rights of music under the Copyright Act, 1957 of India, which grants, for example, the same rights in music in India as under the Copyright Act, in combination with International treaties such as the Berne Convention and TRIPS Agreement, can be understood at least on the level of intentions globally.
Legal principles such as originality, substantial similarity, public performance rights, and fair use are staples of most legal disputes involving music compositions and recordings. The authors, composers, lyricists, and producer’s rights usually overlap, leading to potential legal and contractual issues.
The Proof
Research suggests copyright laws are vitally important in protecting art and the creative industries, particularly related to music. According to Section 13 of the Indian Copyright Act of 1957, musical works, sound recordings, and literary works (lyrics) are all copyrightable material. Section 14 explained the copyright holder’s exclusive rights that include reproduction, distribution, performance, and communication to the public.
Unfortunately, digital platforms like Spotify, YouTube, and SoundCloud have given rise to mass informal appropriation and remix culture. The doctrine of “fair dealing” in Indian law (similar to fair use in United States law) allows for non-permitted, but limited use of copyright material for purposes of criticism, education, etc., but its limited scope often comes down to judicial interpretation.
The rights granted are time-limited. Rights to musical works are granted for only 60 years from the beginning of the calendar year next following the year of publication (Section 22).
Internationally, musical works and performances are protected mainly by Article 2 of the Berne Convention and Article 14 of the TRIPS agreement. However, enforcement issues still exist, especially in the digital context with regards to unauthorized online use, sampling, and a lack of transparency around licensing.
Case Laws
1. Indian Performing Right Society Ltd. v. Eastern Indian Motion Pictures Association (1977)
The Supreme Court held that once a composer assigns their copyright to the producer, the composer has no rights over performance. The case illustrates some of the results produced by improperly assigning their copyrights to producers of film, TV shows, and other projects which is still very common practice in India in the music industry.
2. Gramophone Company of India Ltd. v. Super Cassettes Industries Ltd. (2010)
Two parties disputed some rights relating to sound recording in this case and highlighted how convoluted music rights can get with multiple stakeholders such as producers, labels, and composers involved.
3. Academy of General Education v. B. Malini Mallya (2009)
The Karnataka High Court ruled in favor of the music teacher who had been claiming moral rights over her compositions and, upheld a section 57 ruling which examined an author’s moral rights even after an assignment.
4. Civic Chandran v. Ammini Amma (1996)
While a copyright case regarding a play, this judgment did set out the scope of fair dealing and the need to sometimes, weigh public interest against private rights; a theme very pertinent to music sampling and remixing in today’s world.
5. R.G. Anand v. Deluxe Films (1978)
This Supreme Court case established a critical difference in copyright law by stating that ‘substantial similarity rather than verbatim copy’ was infringement and is very important as it relates to disputes regarding whether or not a melody or rhythm was plagiarized.
Conclusion
The emotional impact of music and its cultural importance makes it both a treasure and a target. IP law plays such an important role in ensuring people are given credit and compensation for their work. However, modern-day issues relating to unauthorized streaming, AI-generated music and remix culture, require regulations to be defined and enforced to limit egregious conduct that may upset the current copyright regime. Strengthening The fact that collective rights management, clarifying moral rights, and overhauling licensing frameworks are vital to achieving a sustainable musical ecosystem; as the music industry continues to evolve, so too must the legal mechanisms that go to the heart and soul of its foundation.
FAQS
1. What type of IP law protects music?
Music is primarily protected by copyright law. Music copyright includes musical compositions (melody and lyrics) as well as sound recordings.
2. Who owns the rights to a song?
The ownership of individual rights is normally divided between the composer, the lyricist, and producer. Ownership can be transferred, through contract, to other individuals or organizations, such as a record label and/or rights society; or assigned to copyright societies.
3. When is there copyright infringement in music?
If musical work is used, reproduced, sampled, or performed without the copyright holder’s permission, it is copyright infringement (unless the use falls within the fair dealing exception).
4. Can remixes be done legally?
Yes; but only after obtaining the necessary licenses from original rights holders. Otherwise, no licenses and unlicensed remixes will normally be infringing.
5. How long does copyright exist in music?
According to Indian law, copyright exists for a musical and literary work for a period of sixty years from the end of the year of the author’s death or publication for sound recordings.
6. What is moral rights protection in music?
Even after transferring economic rights, a creator retains moral rights under Section 57—such as the right to attribution and the right to object to distortion or modification of their work.
