2 August 2021

Copyright Protection In Musical Work

Khurana and Khurana


K&K is among leading IP and Commercial Law Practices in India with rankings and recommendations from Legal500, IAM, Chambers & Partners, AsiaIP, Acquisition-INTL, Corp-INTL, and Managing IP. K&K represents numerous entities through its 9 offices across India and over 160 professionals for varied IP, Corporate, Commercial, and Media/Entertainment Matters.
As soon as we enter a club, everyone starts to groove on popular movie songs; without it, every party seems incomplete isn't it? But do you know before playing these songs publically...
India Intellectual Property
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As soon as we enter a club, everyone starts to groove on popular movie songs; without it, every party seems incomplete isn't it? But do you know before playing these songs publically, you should have permission from the maker of the song? Otherwise, you could land yourself in big trouble like copyright infringement. So here, this article thoroughly discusses music and copyright.  What is Music copyright? How can we save ourselves from a copyright claim? What questions should we ask before hiring a DJ or organising a party? Does the provisions in the Indian Copyright Act that allows making a remix from an old song to a new song

Copyright is the grouping of two words: "copy" and "right", or one can say that the copyright refers to the legal rights of the actual owner who owns the intellectual properties possessions. In the words of Professor Ian Hargreaves: "The copyright system cannot be considered suitable for the digital age, because every day millions of citizens infringe copyright by simply switching music or video files from one device to another".

Music copyright gives producers exclusive legal ownership of musical works and recordings. This property includes the exclusive right to distribute and reproduce the work and the license right to enable the copyright owner to obtain royalties. There are two types of music copyright: master and composition. When music or text is recorded, placed on paper or otherwise recorded in a document, the work's copyright is automatically created.

According to the U.S. Copyright office, once

 "the sound is captured, which means that the sound must be recorded on a medium that can be sensed, copied or otherwise transmitted.", the master recording is protected by copyright, "in digital tracks, optical discs, tape or another format".

  Music work is defined under sec 2 (P) of the copyright act of 1957 and includes works composed of music and containing graphic symbols.

The original song is formalised, modified and transferred to the category of the original work. Use sound to create new music by mixing, adding, and deleting certain aspects of the original song.

We have grown up watching Bollywood Hindi movies. From listening to legendary '90s "Dheere Dheere Se Meri Zindagi Mein anna " by Rahul Roy, Anu Agarwal to "Dheere Dheere Se Meri Zindagi" by Honey Singh. The question then arises about whether or not it is lawful to exploit an artist's original work in this manner?

The original song is decorated, modified, and transferred to fall under the category of an original work. The new music is made using audio mixing and adding and subtracting some aspects of the original song.

Section 52 (1) (j) stipulates that specific uses and modifications of works such as music and sound recordings require the copyright owner's consent. It constitutes a legal license to use a copyrighted work in a certain way, provided that the user pays the necessary fees and complies with the law.

In the case of Gramophone Co v. Super Cassettes, the court held that obtaining the assent of the original owner of a piece of music is essential. The court gave the opposite view in the case of Gramophone Co v. Mars was that so long as the situations of sec 52 (1) (j) of the act are followed, there might be no infringement, there isn't any necessity of acquiring an assent. Super Cassette Industries limited v. Bathla Cassette Industries PVT"Limited, the court has decided not to change the singer's vocal performance because it is an integral part of the song and cannot be changed, not including prior consent of the owner of a musical work according to sec 52 (1) (j)".

Sec 57 of the Copyright Act defines moral rights. Amar Nat Sagal v. UOI, it has been determined that the author's moral rights are the lifeblood of his plant. You have the right to conserve, guard and develop your works, whether they belong entirely or partly protected by copyright.

Although the world of music copyright law is quite complicated, it is not difficult to protect a piece of music and collect royalties for it, at least not mechanically. All you have to do is register your copyright, join the necessary debt collection agency and choose a distributor.

Remember registering your copyright will not only protect your copyright but also prevent theft.

In conclusion, remember registering; copyright will not only protect authenticity but also prevent theft. There are two significant benefits of music copyright protection: make your copyright record publicity available rights, filing a copyright infringement lawsuit. How to copyright a song: Make sure the song is tangible; fill out the copyright office application form, pay the application fee submits for works. In four ways, tights can be maximised: apply for a license from Agency, Join PRO, Publish your work, Register with the copyright office. How copyright work: the copyright of a copyrighted work must be original, Non-violation of Copyright Law must be established in court, the record company's master recording is subject to protect copyright, the copyright of this music belongs to the publisher etc. there are six exclusive rights of the copyright owner are: Copy of copyrighted works, creation of derivate works based on copyrighted works, dissemination of copies of copyrighted works to the public, public performance of works and lastly, display the work publicly.

Copyright Protection In Musical Work

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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