There are tangible and intangible aspects to music. By copyrighting a song, the creator is able to protect their rights and benefit financially as well. We will learn about the copyrights associated with music in India in this concise write-up. Find out how to register any music for copyright and what the consequences are for infringement.
Creators generally own copyright. Mr Ilayaraja, for instance, recently said that people need his permission before using his music. It is necessary to get his permission if a particular movie wants to play his music, for example. Artists and musicians in the film industry are unable to secure themselves financially, despite their brilliance, which is why they need copyright.
What can we do to protect our copyright?
In order to copyright music, there are several steps to follow. Even though copyright is an automatic right, it is safer to register your copyrights for music, especially when money is involved.
- Recording the song in a tangible way is the first step
- Create a copyright account at the copyright office or on the website
- Register and pay the registration fee
- Send the council a copy of the song
- Waiting for the registration to be processed is the final step.
These are the basic steps that have to be followed.
There is a sixty-year period of protection for copyrights. For original literary works, music, and artwork, the sixty-year period begins with the year after the author’s death.
Read also: India copyright registration documents
An infringement of copyright is when someone uses another’s work or engages in any other copyright-related activity. A fine of up to two lakh rupees may also accompany the sentence of imprisonment for up to three years.
There is no requirement to register. An owner’s copyright registration serves as key evidence when issues arise in court. They don’t have to prove their rights while trying to prove how their rights were violated, so they don’t have to struggle to prove their rights.
Rights of singers
As amended in 2012, section 38 of the copyright law recognizes performers’ rights over commercially recorded songs from the beginning of the calendar year following the year of performance for 50 years. The performer must consent to the recording or publication of their performance during this period.
When a person’s music or performances are commercially utilized, they are entitled to a royalty. However, royalty cannot be claimed when the singer signs over their rights. Except for the copyright holder, everyone else must obtain permission from the performer or owner of the music and pay a royalty
In addition to music, ideas, literary works, etc., can all be protected by copyright. It is the purpose and goal of copyright to prevent copying and give the owner absolute control over their work. Their brilliance is rewarded by receiving copyright, which gives them money and recognition. In light of this, the 2012 amendment has improved the effectiveness of music copyrights in India.