1. Music Copyright Chain
Music copyright is complex because a single song typically involves multiple copyrights owned by different parties. Understanding this chain is essential for entertainment lawyers, producers, and digital platforms.
A typical commercial song contains at least three distinct copyrights: (1) the musical composition (melody, harmony); (2) the literary work (lyrics); and (3) the sound recording (the actual recorded performance). Each may be owned by different parties and requires separate licensing.
1.1 The Musical Work (Composition)
- Owner: Usually the composer, or publisher if assigned
- Rights: Reproduction, public performance, adaptation
- Administration: Often through IPRS in India
- Duration: 60 years from composer's death
1.2 The Literary Work (Lyrics)
- Owner: The lyricist, or publisher if assigned
- Rights: Same as any literary work
- Administration: Often through IPRS alongside composition
- Duration: 60 years from lyricist's death
1.3 The Sound Recording
- Owner: The producer (usually the record label)
- Rights: Making copies, selling, communicating to public
- Administration: Often through PPL in India
- Duration: 60 years from publication
2. Sound Recording vs. Composition
The distinction between sound recording and underlying composition is fundamental to music copyright.
Musical Work (Section 2(p)): 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.
Sound Recording (Section 2(xx)): 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.
2.1 Practical Implications
Cover Versions
Recording a cover version of a song requires:
- License from composition copyright owner (or statutory license under Section 31C)
- No permission needed from original recording owner
- Cover artist creates new sound recording copyright
Sampling
Using a sample from an existing recording requires:
- License from sound recording owner (for the actual recording)
- License from composition owner (for the underlying music)
- Both licenses must be obtained
2.2 The 2012 Amendment Impact
The Copyright (Amendment) Act, 2012 significantly strengthened the rights of composers and lyricists:
- Equal share of royalties for underlying works used in films
- Right to receive royalty even after assignment to producer
- Royalties cannot be waived or assigned away
This landmark judgment established that when music is created for a film, the composer retains copyright in the musical work while the producer owns copyright in the sound recording incorporated in the film. IPRS could license public performance of the composition separately from the film producer's rights.
3. Film Copyright Issues (Section 13(1)(b))
Cinematograph films are protected as a separate category under Section 13(1)(b), distinct from the underlying works they incorporate.
3.1 Copyright in Cinematograph Films
Copyright shall subsist throughout India in cinematograph films.
3.2 Who is the Author/Owner?
- Author: The producer (Section 2(d)(v))
- First Owner: The producer
- Duration: 60 years from publication (release)
3.3 Film as Bundle of Copyrights
A film incorporates multiple copyrightable elements:
- Screenplay: Literary/dramatic work copyright
- Dialogue: Literary work copyright
- Music: Musical work copyright
- Lyrics: Literary work copyright
- Cinematography: Artistic elements
- Sound Recording: Separate from film copyright
- Performances: Performer's rights
3.4 Section 17(b) - Pre-2012 Position
Before the 2012 Amendment, Section 17(b) provided that in commissioned cinematograph films, the commissioner was the first owner. This was deleted in 2012, strengthening creator rights.
4. Synchronization Rights
Synchronization (sync) rights allow the use of music in timed synchronization with visual images - essential for films, TV, advertisements, and video games.
4.1 What is Sync Licensing?
- License to combine music with visual media
- Required from composition copyright owner
- Separate from master recording license (if using existing recording)
- Negotiated directly, not available as statutory license
4.2 Sync Licensing Process
- Identify Rights Holders: Publisher (composition) and label (recording)
- Negotiate Terms: Fees, territory, duration, media types
- Obtain Both Licenses: Sync license (composition) + Master license (recording)
- Document Clearance: Maintain chain of title records
4.3 Sync in Indian Films
In Bollywood practice:
- Original music is typically commissioned for films
- Producer acquires rights through work-for-hire arrangements
- Post-2012 Amendment, composers retain royalty rights
- Using existing songs requires separate sync clearance
5. Public Performance Licensing
Playing music in public spaces - restaurants, hotels, events, radio - requires public performance licenses from relevant copyright societies.
5.1 What Constitutes Public Performance?
- Playing music in commercial establishments
- Live performances of copyrighted works
- Background music in public spaces
- Radio and TV broadcasting
- Online streaming (communication to public)
5.2 Blanket Licensing
Copyright societies issue blanket licenses allowing users to play any work in their repertoire for an annual fee, simplifying compliance for businesses.
Establishments that need music licenses include: hotels, restaurants, malls, gyms, retail stores, offices playing music, event venues, DJs, radio stations, TV channels, streaming services, and any business using music publicly. Private domestic use is exempt.
6. PPL, IPRS, and Collecting Societies
Collecting societies play a crucial role in administering music copyright, issuing licenses, collecting royalties, and distributing them to rights holders.
6.1 IPRS (Indian Performing Right Society)
- Established: 1969
- Rights Administered: Public performance and communication of musical and literary works (compositions and lyrics)
- Members: Composers, lyricists, music publishers
- Licenses: Public performance, broadcasting, digital
6.2 PPL (Phonographic Performance Limited)
- Established: 1941
- Rights Administered: Public performance and broadcasting of sound recordings
- Members: Record labels and recording owners
- Licenses: Playing recorded music in public
6.3 Other Societies
- IRRO (Indian Reprographic Rights Organisation): Reprographic reproduction
- ISRA (Indian Singers Rights Association): Performers' rights
- SIMCA (Screenwriters' Association): Screenwriters
6.4 Registration and Regulation
Under Section 33, copyright societies must be registered with the Registrar of Copyrights. Key requirements:
- Only one society for same class of works and rights
- Must publish tariff schemes
- Subject to government oversight
- Must file annual reports
7. Landmark Case: Super Cassettes v. MySpace
This case is crucial for understanding the intersection of music copyright and online platforms in India.
Super Cassettes (T-Series), India's largest music company, sued MySpace for copyright infringement due to user-uploaded content containing T-Series' music.
Key Issues:
- Liability of platforms for user-uploaded infringing content
- Applicability of safe harbor provisions
- Requirement for proactive content filtering
- Standard of care for intermediaries
Holdings:
- Platforms cannot claim immunity if they have actual knowledge of infringement
- Safe harbor requires compliance with takedown requests
- Platforms may need to implement filtering technology
- Revenue sharing from infringing content negates safe harbor
7.1 Impact of the Judgment
- Higher standard of care for UGC platforms in India
- Emphasis on proactive measures, not just reactive takedowns
- Music industry leverage in platform negotiations
- Influenced subsequent platform-label licensing deals
8. Practical Considerations for Entertainment Industry
8.1 Music Licensing for Films
- Commission original music with proper work-for-hire agreements
- Ensure royalty sharing provisions per 2012 Amendment
- Clear sync rights for any existing music
- Register works with appropriate societies
- Document all assignments and licenses
8.2 Digital Distribution Considerations
- Ensure global digital rights are cleared
- Address statutory licensing provisions for cover versions
- Implement content identification systems
- Establish takedown procedures
8.3 Royalty Collection Best Practices
- Register all works with IPRS and PPL
- Maintain accurate metadata
- Audit collecting society distributions
- Monitor unauthorized uses