Music and the Law: A Musician’s Guide to Intellectual Property

By Tejas Prasad (CNLU Patna)

Introduction

In 2009, the song “Masakali,” written by Prasoon Joshi and composed by A.R. Rahman, was released as part of the movie Delhi 6. The song became a hit. In 2020, T-Series, the original producer, recreated and released the song as “Masakali 2.0” without obtaining consent. This sparked significant controversy in the Indian music industry over record label rights versus those of creators.

This incident is not unique; there have been multiple cases where lyricists’ rights have been similarly exploited. So, what remedies exist for these infringements? Are there any laws to protect artists, musicians, or lyricists facing intellectual property violations? In this blog, we’ll explore the basic steps they should follow and delve into the concept of intellectual property law for artists and musicians.

Copyrights for Artist & Musicians

Copyright Act, 1957: Legal Framework in India

Copyright grants creators legal rights over their original works, allowing them to control how their work is copied, distributed, displayed, and performed for a limited time. The act primarily protects the original expression of an idea in a creative work, not the idea itself. Section 14 of the Copyright Act, 1957, provides a detailed definition of copyright.

In India, the Copyright Act, 1957, governs copyright infringement of original works and applies across the entire country. If an artist, musician, or lyricist in India wishes to copyright their original work, they must follow the legal steps outlined in Chapter X of the Copyright Act, 1957. Section 44 of the Act requires the registration of the titles or names of works, along with the names and addresses of authors, owners, and publishers, among other prescribed particulars. Section 45 allows individuals to submit an application in the prescribed form, along with the required fee, to the Registrar of Copyrights.

The process involves a formality check, a waiting period, and a hearing. After these steps, the Registrar will determine whether the applicant is eligible for copyright. If eligible, the applicant will be notified, gaining all legal rights to their work and control over its use.

If any artist or musician by his own consent wants to share their rights then it can also be possible by the way of licencing. Licensing is given in section 30 of the Copyright act 1957.

Case Study: Super Cassettes Industries Ltd. v. Yahoo Inc. & Anr.

In the case of Super Cassettes Industries Ltd. v. Yahoo Inc. & Anr., the court found that Yahoo had unlawfully streamed SCIL’s copyrighted work continuously while relying on the protection of the Digital Millennium Copyright Act (DMCA). Yahoo claimed they would only stop streaming upon notification from the copyright owner. However, the court ruled that this was unlawful, stating that the DMCA does not apply in India. The court ruled Yahoo must stop streaming media unless it obtains the proper copyright license from the plaintiffs.

Why Trademark is Today’s need for an Artist and Musician?

An artist must have something which will eventually distinct them from the other artist, any logo, symbol or any stage name which will define their persona and make a distinction between him and the other artist, the work should reflect some dissimilarity with the others work. This can be done by registering a Trademark under the Trademark Act 1999, this will also help in the legal protection against unaccredited use, and can also file an complain under Trademark Act 1999 if someone uses the same logo or symbol similar to yours.

Protecting Music and Art in Digital Age

Opportunities for Artists in the Digital Age

Digital Platforms like You tube, Saavan, Spotify, and other social media platforms has somehow strongly affected the intellectual property protection, it has created some opportunities as well as some challenges for the whole community of artist and musicians.

If we will talk about the opportunities then at present with the help of social media platforms an artist can have efficient reach to the global audience effortlessly. This will help them to gain more popularity and they can earn also.

This global reach will certainly help the creator in establishing the IP rights more efficiently. If there will be global reach then more audience will be aware of the original creator. Thus it can be easily recognized that if the work is original or not.

In this digital society the platforms like Saavn, Spotify, you tube and other music streaming platform often works on the monetization policy through various models. Models like view counts, ad revenue, and subscriptions provide financial incentives to artists, encouraging them to create original work.

These Digital Distribution Platforms utilize Digital Rights Distribution (DRM) technology, which helps them to avert unaccredited copying & scattering of content. This technology surely helps in managing the content’s flow and guarantee that the work is protected against the privacy. These platforms also give the right holders to control their content on the platform. They can block unauthorized use of their content, ensuring greater control and authority over their intellectual property rights.

Challenges in the Digital Age

There are certain challenges also in this digital age, regardless of the protection provided by the DRM. Piracy issues persist, and unauthorized duplication continues to circulate on the internet. The licensing issue is sturdy as well like independent artist face various challenges when they strive to get their original work licenced, due to insufficient resource they have.

Practical tips for Artist and Musician

Proper documentation of work should be done by the Artist. Must keep the detailed record of everything which is somehow surrounded with his Art or work.

Registration of work is a vital thing to do. If you will take a glimpse at the music industry then registration of work is the most essential thing artist should do. Every artist should register their work through the official procedure which has been provided by the Copyright office of India. This will help in preventing duplication, privacy or any other type of infringement.

Artist and musician should always try to educate themshelf about the recent developments that happens in the intellectual property laws. This will ensure more safety and can be self-aware that what an artist or musician should do and should not do when face any challenge related to intellectual property.

At last if you want to ensure utmost well-being & don’t want to compromise with the safety of art or work then artist or musician should always consult a good legal practitioner who is specialised in Intellectual Property Law, he would be able to solve the toughest problem very efficiently

Conclusion

In the music industry, Intellectual property laws plays a very crucial role. Music industry could be easily exploited if there were no laws related to intellectual property. Intellectual property laws helps in safeguarding the rights of the musicians. It also give them the opportunity to make some sort of income of their original work and also motivate them to go along with their hustle. They have the right to give permission to other person to use their original work. That too without harming their own interest by the way of licensing, royalty and other means. In this digital age, where technology is rapidly evolving, the need for stronger intellectual property laws has grown significantly.

As technological advancements create more challenges than opportunities in the music industry, it’s crucial for every artist to be aware of their rights and duties related to intellectual property. Artists must adapt to these changes to protect their rights, which hold significant value in the music industry. Preserving these rights is essential for uplifting the Indian music industry to a global level.