Basic Facts About Music Copyright
What is copyright?
Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. Unlike the case with patents, copyright protects the expressions and not the ideas. Copyright provides the creators of certain art to control ways their material can be used. These rights start as soon as the material is recorded in writing or in any other way. The moment you create your music is the moment copyright protection begins. Creation occurs when music and/or lyrics are recorded, set to paper, or otherwise fixed in a tangible form. There is no official registration system. The rights cover copying, adapting, distributing, communicating to the public by electronic transmission, renting or lending copies to the public and performing in public. In many cases, the author will also have the right to be identified on their work, and to object if their work is distorted or mutilated.
What all comes under copyright?
Copyright protects original literary, dramatic, musical and artistic works, published editions of works, sound recordings (including CDs), films (including videos and DVDs) and broadcasts.
How Music Rights are segregated?
Copyright protects both songs and recordings. Separately. For example, a song with lyrics, that’s two copyrights in itself, in that there is one copyright in the words and another in the musical composition. But in the music industry we tend to lump them together and call them the song or publishing rights.
- The traditional ©, ‘C in a circle’ copyright, applies to the composition, musical score, lyrics, as all of these are individually subject to copyright in their own rights.
- Then there is the separate copyright in the sound recording, sometimes called the recording or master right, and is signified by the ‘P in a circle’.
What is musical work?
“Musical work” means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music. A musical work need not be written down to enjoy copyright protection.
What are the rights in a musical work?
In the case of a musical work, copyright means the exclusive right
- To reproduce the work
- To issue copies of the work to the public
- To perform the work in public
- To communicate the work to the public
- To make cinematograph film or sound recording in respect of the work
- To make any translation of the work
- To make any adaptation of the work.
What is sound recording?
“Sound recording” means a recording of sounds from which sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced. A phonogram and a CD-ROM are sound recordings.
What are the rights in a sound recording?
- To make any other sound recording embodying it
- To sell or give on hire, or offer for sale or hire, any copy of the sound recording
- To communicate the sound recording to the public.
Who all have rights in a musical sound recording?
There are many right holders in a musical sound recording. For example, the lyricist who wrote the lyrics, the composer who set the music, the singer who sang the song, the musicians who performed the background music, and the person or company who produced the sound recording.
Is licence or permission necessary to use a musical sound recording for public performance?
A sound recording generally comprises various rights. It is necessary to obtain the licences from each and every right owner in the sound recording. This would include the producer of the sound recording, the lyricist who wrote the lyrics, and the musician who composed the music.
What must one to use the work of others?
If you use samples of music by other authors in your work, ensure that you get permission to use the work before you attempt to publish or sell your work. Similarly, if you use loops or samples available via sample collections etc. ensure that these are licensed as free to use, or obtain permission first.
How to obtain permission?
If you need to get permission to use a piece of music, normally the best place to start is with the last know publisher for the work. They will certainly know how to get permission to use the work, (as they must have permission themselves), so they will certainly know who you would need to contact.
Is copyright transferable?
Yes, copyright is a form of intellectual property and, like physical property, it can be bought and sold, inherited or otherwise transferred. It is also possible to transfer only some of the rights you are entitled to. Anyone who is a copyright owner can choose to license others to use their work.
What is the mode of assigning copyright?
It shall be in writing signed by the assignor or by his duly authorised agent. It shall identify the specific works and specify the rights assigned and the duration and territorial extent of such assignment. It shall also specify the amount of royalty payable, if any, to the author or his legal heirs during the currency of the assignment and the assignment shall be subject to revision, extension or termination on terms mutually agreed upon by the parties.
Is work on website liable to copyright?
When you put your work on a website, it is probably a good idea to mark each page of the website with the international © mark followed by your name and the year of creation. You could also include information on your website about whether and how far you are happy for others to use your copyright material without permission. Although material on a website is protected by copyright in the same way as material recorded on other media, you should remember that people have access to websites all over the world. This means that if material on your website is used without your permission, you will usually need to take legal action in the country where this use has taken place. As a result, enforcing copyright when you have made it freely available on a website is very difficult.
What to do when someone infringes your copyright?
Many popular online sites, such as SoundCloud and Youtube, will try to assist users in circumstances of copyright infringement. Alternately, you can try to contact the person directly to request that they take down the infringing material. The next course of action typically involves sending a cease-and-desist letter. If the letter doesn’t stop them, you should seek legal counsel to pursue the issue in court. If you don’t settle the parties do not settle out of court, the case will go to trial. After the trial, the loser of the case may appeal the decision.
Any person who knowingly infringes or abets the infringement of the copyright in any work commits criminal offence under Section 63 of the Copyright Act. The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. 50,000/-. In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. one lakh.
What are the rights of a performer?
A performer’s rights are said to be infringed by a person who makes a recording of, or broadcasts a live performance without the performer’s permission. A performer has the following rights in his/her performance:
- Right to make a sound recording or visual recording of the performance
- Right to reproduce the sound recording or visual recording of the performance
- Right to broadcast the performance
- Right to communicate the performance to the public otherwise than by broadcast.
What is the term of protection of copyright?
Copyright is protected for a limited period of time. The general rule is that copyright lasts for 60 years. In the case of original literary, dramatic, musical and artistic works the 60-year period is counted from the year following the death of the author. In the case of cinematographic films, sound recordings, photographs, posthumous publications, anonymous and pseudonymous publications, works of government and works of international organisations, the 60-year period is counted from the date of publication.
How to register a work under the Copyright Act?
Chapter VI of the Copyright Rules, 1956, as amended, sets out the procedure for the registration of a work. Copies of the Act and Rules can be obtained from the Manager of Publications, Publication Branch, Civil Lines, Delhi or his authorised dealers on payment. The procedure for registration is as follows:
- Application for registration is to be made on Form IV ( Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules
- Separate applications should be made for registration of each work
- Each application should be accompanied by the requisite fee prescribed in the second schedule to the Rules , and
- The applications should be signed by the applicant or the advocate in whose favour Power of Attorney has been executed. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed.
