The Indian Copyright Act, 1957

The Indian Copyright Act, 1957 is the main law that governs copyright protection in India and seeks to safeguard the creator’s rights of original literary, dramatic, musical, and artistic works, as well as cinematograph films and sound records.

Purpose and Objectives

The major aims of the Copyright Act are two in number:

To promote innovation and sharing of knowledge: Through the provision of legal cover, the Act stimulates creators to work on new pieces, secure in the knowledge that their work will be secured, and makes the works accessible to the public in negotiated terms.

To protect creator’s rights: It gives a set of exclusive rights to authors, composers, artists, and other creatives, which ensures that they maintain control over their original work and are able to financially gain from them.

 

Musical Works in India

Definitions:

What is a Musical Work?

Section 2(p) of the Act defines "musical work" to mean a work made up of music and any graphical representation of such work, but excluding any words and any activity intended to be sung, recited, or played with the music. This is necessary because lyrics are "literary work."

Composer as Author: Section 2(d)(ii) and 2(ffa) make it clear that the "composer" is the author of a musical work, and the author is the person who writes down the music irrespective of whether it's set down in graphical notation.

Adaptation: Section 2(a)(iv) states "adaptation" of a musical work to mean "any arrangement or transcription of the work." Copyright may subsist in such arrangements.

Sound Recording and Musical Work: It's important to distinguish between a sound recording (the recording of sounds, possibly including a musical work, lyrics, and other material) and a musical work (the composition). The author of a sound recording is the "producer" (Section 2(uu)), whereas the author of a musical work is the "composer."

 

Duration of Copyright: For works of music published in the life of the author, copyright usually lasts for sixty years from the start of the calendar year next after the year of the author's death (Section 22). For joint authorship, the period runs from the death of the author who dies last.

Exclusive Rights: Section 14 states the exclusive rights reserved to the copyright owner of a musical work, and they include:

To reproduce the work in any material form.

To issue copies of the work to the public.

To perform the work in public or communicate it to the public.

To make any cinematograph film or sound recording in respect of the work.

To make any translation of the work.

To make any adaptation of the work.

To do, in the case of a translation or adaptation, any of the foregoing acts.

Originality: The musical work should be original for copyright to subsist.   

Important Provisions of the Copyright Act, 1957, in respect of Musical Works:

Section 2: Definitions (i.e., musical work, composer, adaptation, sound recording, author).

Section 13: Works in which copyright subsists (original literary, dramatic, musical, and artistic works, cinematograph films, and sound recordings).

Section 14: Definition of copyright and exclusive rights of copyright holders.

Section 17: Initial copyright owner (significant in identifying whom the copyright originally belongs to, particularly in works produced in the course of employment or under a contract of service/commission).

Section 18 & 19: Assignments and licenses of copyright. The 2012 amendment greatly affected royalty rights of authors even post-assignment.

Section 22: Copyright term in published literary, dramatic, musical, and artistic works.

Section 31D: Broadcast statutory license for literary and musical works and sound recordings.

Section 52: Certain acts not infringement of copyright (e.g., fair dealing).

Issues and Challenges in Musical Works Copyright:-

Separation of Rights: The separate copyright for musical compositions (melody/harmony) and literary compositions (lyrics) of a single song often creates complicated matters of ownership, licensing, and royalty distribution, particularly where a song is used in a sound recording or a cinematograph film.

First Ownership in Film Production: One of the most contentious points has been the question whether the film producer or the composer/lyricist is the first owner of copyright in musical and literary works specially commissioned for a cinematograph film. Section 17, subject to its provisos, has been subject to intense judicial interpretation.

Royalty Collection for Public Performance/Broadcast: Ensuring equitable royalty collection for lyricists and composers when their works are publicly broadcast or performed (e.g., by radio, in public places) has been a persistent battle, specifically as to whether or not royalties must be paid for the underlying musical/literary work in addition to the sound recording.

Remix and Adaptation Rights: Utilization of pre-existing musical works for remix or adaptation needs to be duly licensed and may give rise to infringement disputes in case of mishandling.

Digital Exploitation: The digital era poses unique challenges in the form of online streaming, downloads, and unauthorized exploitation of musical works, necessitating constant overhauling of legal regimes and enforcement mechanisms.

Landmark Judgments:

Indian Performing Right Society v. Eastern India Motion Pictures Association (AIR 1977 SC 1443): This was a landmark Supreme Court case which decided that if a composer composes music for a cinematograph film for valuable consideration, the film producer would be the first owner of the copyright in such a composition (subject to a contract to the contrary). This judgment greatly influenced composers' and lyricists' rights for compositions made for films.

 

Entertainment Network (India) Ltd. v. Super Cassette Industries Ltd. (2008): In this Supreme Court case, compulsory licensing of sound recordings and musical works for broadcasting on the radio was at issue, emphasizing the precarious balance between creators' rights and public access.

 

Vodafone Idea Limited v. Saregama India Limited and Indian Performing Rights Society (Calcutta High Court): This case further reiterated that creators of literary and musical works hold royalty rights irrespective of who owns the copyright or when they were created, including all works that have been created out of literary and musical works such as sound recordings.

Conclusion:

The Indian Copyright Act, 1957 as amended from time to time, presents a complete code of the protection and enforcement of the rights of musical works. It identifies the composer as the prime author of musical works and confers on them a strong set of exclusive rights, reproduction, public performance, adaptation, and communication to the public. A crucial legal differentiation is made between a sound recording and a musical work, both being separately protected under copyright.

The legal framework applicable to musical compositions itself remains in flux guided by technological developments and industry dynamics the central ethos remains unaltered: to balance public access against protection of rights of creators, thus fostering access and authorship.

 

By Anurag Pratap Singh

3^rd Year (BBA.LLB)

Noida International University