Protecting Melodies – Music and Intellectual property rights

Human Mind can be described as one of the marvels of the world owing to its intellectual ability. From the scientific and technological breakdowns to development of art, Human Mind has brought the world on a whole different level. These original ideas, designs, creations, innovations done by human ability are called as Intellectual Properties. They include scientific inventions, technological advancements, literary work, arts and expressions, trade related creations etc. This property of intellect is often described as ‘Knowledge Goods.’ Although They are Intangible in nature and do not have physical presence, they are precious and needs protection.

What are Intellectual Property Rights?

Intellectual Property Rights are created to ensure proper framework to govern and safeguard these creations and the creator’s ownership. These rights are exclusively given to the creators or innovators for their valuable work. By the virtue of these rights, creators are provided incentives for the work they do. They hold monopoly to exclusively use, produce and distribute their work for a significant period of time. It gives the monetary benefits to the creator as well as ensures authorized use of the creation. Intellectual Property Rights ultimately encourages the creativity and innovation of mind by giving such benefits so the people would engage more and more in making original work. Intellectual Property Rights are economically significant and they help to develop knowledge-based economy.

Intellectual Property is categorized into two major parts considering the faculty of mind being used. Copyrights and related rights which includes Creative Expressions such as literature, arts, Music, films, Sculpture, Publications and Industrial Property Rights which includes Patent, Trademark, Trade Services, Industrial Services, Industrial Designs, Geographical Indications.[1]

Copyright in Music Industry –

Primary purpose of copyright is to promote the progress of Science and Arts. It is called as negative right which prevents others from using the work without any authorization. It ensures that authors will have the right over their own original expression and at the same time assures others their freedom to work upon the ideas, expressions already existing. these rights are regulated through the Copyright Act, 1957 along with Copyright Rules, 2013 in India. The act safeguards the rights of creators and also allows the society to incur benefit from it. It gives exclusive rights to the creator to reproduce, perform, distribute, gain economic benefits over the work and prohibits the misuse of the work. They even have the right to license their copyright to others to exploit their work. Once the work gets the copyright, the creator obtains ownership in the public record for a certain period of time. Protection given under these rights generally lasts for the lifetime of author and 60 years after death. It varies in the cases of anonymous work. Posthumous work, sound recordings, government works.[2]

Intellectual Property

Copyright is the crucial factor in the Entertainment industry which protects all the creative work involved in the process. A significant amount of capital is invested in the process of making the content attractive and popular. Makers have to face extreme competition in this field which generates the need to copyright laws and regulations. Music Industry, one of the pillars of Entertainment Industry and a huge market where these rights play a vital role. Music is a universally recognized art form in human life and society. It has power to bring all the people together setting the differences aside. This valuable artform and creators of the music are protected under copyright and trademark laws. As the Music industry in India is one of the most influential and revenue-generating sectors, Copyright Laws allow to maximize the income and grant various economic incentives.[3]

Copyright laws protect creators Musical Compositions, Sound Recordings, Lyrics of the song, instrumental pieces etc. A song can have multiple copyrights as it is a combination of various original factors. Even a person can claim copyright over the cinematography of the music video and musical arrangement.

There are two types of music copyrights –

  • Master copyright –

These rights hold primary position in the music-related copyrights. The rights are related to the original sound recording of the music. These exclusive rights are hold by the producers which allows them to have ownership over such recording and gain monetary benefits from their property. Master right holder of the recording has the power to make the agreements to distribution, use of the content and can license the recording. This creates revenue for the master rights holder and promotes healthy growth and limit the unlawful practices and exploitation of intellectual property. These rights are not just limited to the sound recording but the graphic designs, photographs, album cover, physical packaging and any additional content associated with the recording are also included in the ambit of the protection by these rights.

  • Composition rights or Publishing rights –

As per the name suggests, these rights are held by the artists i.e. composer or songwriter of the song. These rights encompass various factors such as songwriting, lyrics, instrumental melody, arrangement of the music. Main purpose of publishing rights is to ensure that the artists will have the final say in the distribution, performance and use of the composition. These rights also cover synchronization rights which talks about the use of the song in the other visual media such as movies, serials, advertisement etc. these rights open many opportunities for the composer to showcase their talent worldwide. Composer earns revenue through royalties – mechanical royalties, performance royalties, synchronization royalties.[4]

Both these types of rights are interconnected and they provide advantages for the musical work to boost the commercial use of the artwork which ultimately motivates the composer, creator of intellect property to create more and more such property.

Remedies for Infringement of the copyright –

Copyright act, 1957 provides that violation of the copyrights gives power to institute Civil or Criminal case against the violator considering the nature of the act. Civil remedies include injunction where the person is rightly prevented from further using the work or violating the right of the creator. Court may also order to compensate the creator and restore the owner to the previous position. On the other hand, if the violation is done intentionally, then the Criminal case can be instituted against the violator.

In India, many such instances of violating the copyrights have taken place. In the famous case of Yash Raj Films Pvt. Ltd. Vs Sri Sai Ganesh Production, ‘Band Baja Baraat’ movie by Yash Raj Films Pvt. Ltd. was remade by the Telagu company, Sri Sai Ganesh Production. The court held liable for the Sri Sai Ganesh Production for copyright infringement.[5]

 In the Saregama India Ltd vs Maddock Films, copyright infringement was brought over the song ‘Odhni’ from the movie Made in China (2019) starring Rajkumar Rao and Mouni Roy. The song was allegedly similar to the Gujrati song ‘Odhni Odhu Odhu Ne Di Jaye.’ Later, the case was settled by acknowledging the rights of Saregama India Ltd. which was the original owner of the Gujrati song.

Another such case was instituted against the directors of movie ‘Kantara’ in which the song Varah Roopam violated the copyright of the owners of the song Navarasam by a Kerala-based fusion band. The Court imposed restrictions on playing of the song in theatres however, Supreme Court lifted the ban.[6]

Trademark in Music Industry –

Trademark is a type of Industrial Property rights. It can be any word, design, symbol, phrase or logo. Any product is primarily recognized by its Trademark where one gets assurance that it belongs to a particular brand. To avoid the replication, misuse of the trademark, trademark laws are significant. These laws secure the interest of individual and help to protect the uniqueness of each brand, business identity and reputation. The Trademark Act, 1999 is a legislation in India.

Trademark related regulations have become growing area in the Music Industry. Music artists and various brands use the trademark protection to secure their names, Logos, designs, Labels etc. these protections mainly establish a monopoly over the particular name or logo which is the unique identity of the artist or band and helps to create strong hold in the industry. First trademark song title in India was ‘Why this kolaveri di?’ a Tamil-English mix song. it was trademarked by the Sony music Entertainment India. It prevented others to use the title line.[7]

Similarly, Owner of the trademark has given following remedies upon violation under the act. Infringement of trademark rights take place on unauthorized usage or almost similar mark. Infringement of the rights may result into criminal as well as civil charges to the infringer. Civil penalties would include injunction, destruction of goods using infringement mark, compensation for financial damages or reputational damages whereas, criminal charges may include imprisonment up to three years or fine which may extend to two lakhs.[8]

AI and Music Industry –

With the entering of Artificial Intelligence, Music Industry have changed drastically. AI comprises of Computer science, technology and datasets which can make music in seconds. It makes the process less time consuming, efficient and cost-effective. With the help of AI, music can be created without actual instruments or even actual singers. AI uses the pre-existing vocals, instruments and change them as per the requirement of the present music. It also can add various elements to enhance effects and make the music personalized. With the help of AI, one can even have the lyrics, compositions without using one’s own abilities.

This brings many challenges to have a proper framework governing the intellectual Property Rights. AI-generated music cannot be distinguished from the human-generated Music which can cause problem while giving the copyright ownership. Further, AI-generated songs cannot be copyrighted as they don’t fulfil the requirements to get status of intellectual property but the debate arises over the songs which are AI-assisted. There is no framework in India as to decide that who should get the ownership – the creator, AI application or the person whose original work is used. This problem mainly occurs when the person uses deepfakes, a synthetic media which creates deceptive or realistic audio contents replicating or mimicking the voices of real persons.

These challenges are likely to increase in the recent future, thus the legislation concerning the use of AI and Intellectual Property Rights protection should be prioritize to avoid any chaos. Finding balance between technological advancement and Human creation is necessary to protect the interest of creators.

Conclusion 

Intellectual Property Rights make sure that the creators can confidently showcase their work without any fear of improper usage. It protects the reputation of the creator and rewards him for the mental or intellectual efforts taken by him. Intellectual Property Rights form a foundation for the music industry. Makers of the music cannot do their work properly without the existence of these rights. They ensure safe environment to the creators where the work is respected and encouraged. To make these rights more adaptable with the new technology, a review is needed to address the shortcomings. It is the new challenge which the world will have to address to ensure equity and fairness in the industry.

Author: Vrunda Kulkarni, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at Khurana & Khurana, Advocates and IP Attorney.

[1] Law Relating to Intellectual Property Rights, 3-4 (2023).

[2] Copyright Laws And Their Impact In Indian Film Industry, Ijcrt org, (2024), https://www.ijcrt.org/papers/IJCRT24A4215.pdf

[3] Understanding Intellectual Property Rights in the Music Industry, Rahuldev, (Last Visited on Jan.6, 2025), https://patentbusinesslawyer.com/understanding-intellectual-property-rights-in-the-music-industry/#:~:text=It%20serves%20as%20a%20proof,the%20recording%20studio%20authorizes%20it.

[4] Publishing Rights vs Master Rights: Understanding the Key Differences, Mogul, (last visited on Jan.6, 2025), https://www.usemogul.com/post/publishing-rights-vs-master-rights-understanding-the-key-differences

[5] Mayashree Acharya, Copyright Infringement: Meaning, Examples, Cases in India, Cleartax, (last visited on Jan.6, 2025), https://cleartax.in/s/copyright-infringement

[6] TNM Staff, Kantara row: A look at six songs that stood trial over copyright violations in India, The news Minute,(Last Visited on Jan.6, 2025), https://www.thenewsminute.com/karnataka/kantara-row-look-six-songs-stood-trial-over-copyright-violations-india-169252

[7] Isha Gil, An Analysis: Trademark Law In Music And Film Industry, Legal service India, (Last visited on Jan.6, 2025), https://www.legalserviceindia.com/legal/article-10043-an-analysis-trademark-law-in-music-and-film-industry.html

[8] Trademark Infringement in India, India filings, (last visited on Jan.6, 2025), https://www.indiafilings.com/learn/trademark-infringement-in-india/

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