Despite its tangible and intangible nature, music is a form of art. In addition to protecting the rights of the creator, copyrighting can also benefit them financially. The purpose of this brief article is to explain the copyrights of music in India. Infringers can be punished for infringing on the copyright by following this step-by-step guide.
The creator generally owns the copyright. As an example, Mr Ilayaraja recently stated that people must seek his permission before using his music. If they want to play his music in a certain movie, he must approve, so his permission is required. Despite their brilliance, film artists and musicians are unable to secure financial security like actors and others in the film industry. Therefore, getting copyright means they own their music.
What Can We Do to Protect Our Copyright?
The process of copyrighting music involves many steps. In spite of the fact that copyright is an automatic right, it is still safer to register your copyrights, especially when there is the possibility of making money from your work.
There is generally a sixty-year period of protection for copyrights. Counting from the year following the author’s death, the sixty-year period applies to original literary, musical, and art works.
The crime of copyright infringement occurs when someone uses another person’s work or violates any other aspect of copyright. Besides imprisonment for up to three years, the accused may also be fined up to two lakh rupees.
There is no requirement to register. Music Copyright registration, however, acts as a key piece of evidence for the owner when issues arise in court. By doing this, they won’t have to struggle to prove their rights while proving how their rights have been encroached upon.
Rights of singers
As amended in 2012, section 38 of the Copyright Act recognizes performers’ rights to commercially recorded songs for 50 years following the calendar year of the performance. Without the performer’s consent, recordings and publications of music cannot be made during this period.
If their performances or music are commercially utilised, the person has the right to receive a royalty. However, royalty can’t be claimed when the singer signs over their rights to someone else. Performers and owners of music must get permission and pay a royalty to the performer or owner
Not only music, but also ideas, literary works, etc., can be protected by copyright. The main goal of copyright is to prevent copying and give the owner absolute control over their creation. Obtaining copyrights allows them to make money, which is the fruit of their brilliance, and also to gain recognition. Consequently, the 2012 amendment has enhanced the effectiveness of music copyrights in India.