Copyrights of Music in India

Dec 2022

Music is an art more specifically an intangible form of art. Copyrighting a song or a melody protects the basic right of the creator. The copyright also assist the creator financially. In order to ask for copyright the creator needs to file a registration. Once the creator gains the copyright, any infringement to the copyrighted subject will be punishable offence. No matter whether it is tangible and intangible, everything that is created by a person is eligible to be claimed legally. The person who has conceived the idea has the full right on his or her creation.

A brief idea about the copyright law in India

In India there is a law called The Copyright Act 1957 and the amendment was passed in 2012. Under the act the registration related to file copyright are supervised by Copyright Office. The registrar appointed by the central government takes care of all application. Coming to the validity of the law, once the work has earned its copyright then it will be recognized worldwide as per the rule of Berne Convention. According to the Berne Convention, the copyrighted work will belong to its creator for 60 years, and the year will be counted after the death of the creator.

Procedure to register a song
  • The creator need to record the song to make it a tangible work
  • To register the wok the creator needs to visit the office physically or go to the website
  • To file the registration the creator needs to pay registration fee
  • Then the creator needs to submit the work to the council
  • The creator needs to wait for the process to complete
Right to the creator

According to section 38 of the act, for a time period of 50 years a commercially recorded song in India will not be published with the consent of the creator. If the consent is give the creator will get the royalty for the work.

Punishment for breaching the right

A person commits a crime like infringing the copyright then the person will be considered as criminal. And criminal is eligible to be punished under the act, and as per the act the punishment can be imprisonment to three years. Apart from that accused will have to pay up to two lakh rupees.

So, it can be concluded that, if anyone create something original and unique then it is essential to register for copyright.

Trending Blogs
Trademarking surnames
Having difficult surnames may be challenging to explain others and also when you want to register the name as trademark. As per the trademark and merchandise act of 1958, it is stated that a mark can be refused if one choose a personal name or surname. Though, there is no such clear specification in the […]
Read More
Liability Of Internet Service Providers In Digital Environment
Isp Liability In India: Internet Service Providers (ISPs) can be liable for the content on the sites they host. They can be liable even if they were merely passively hosting the site, unless they take down the objectionable material when they receive notice of it. The Copyright Act and the Information Technology Act includes the […]
Read More
Celebrity Rights – Public, Private or Intellectual Property
Celebrity lives are mostly public these days through different sources but they too want to maintain certain privacy. This has triggered the need to maintain celebrity rights on different properties. There are several company options that are selling products with celebrity faces from bags to soaps to cosmetics to many others. It requires suitable celebrity […]
Read More
Artificial Intelligence and Intellectual Property Law
What is Artificial Intelligence? The division of Science which deals with making machines equipped with human-like intelligence to act in human-like fashion and the exhibit human capabilities is known as Artificial Intelligence (AI). Multiple disciplines like Computer Science, Psychology, Philosophy, Sociology, Mathematics, Biology and Neuron Science contribute to the development of AI. Benefits Of AI […]
Read More
Alibaba IPR Report Shows Ideal Brand Protection Program
As per sources, e-commerce giant, Alibaba group has successfully gained success using intellectual property rights-protection. The giant has been able to offer quality service due to well integration of the latest technological improvements coupled with partnerships with top-rated brands. Also, external stakeholders assisted the giant in offering quality service to proactively monitor, go through rights-holders […]
Read More
India dropped to 40th position in International Intellectual Property Index
India has fallen to 40th position in the International Intellectual Property Index. This index helps know about the IP climate in the 53 global economies of the present year. This is as per the report US Chamber of Commerce’s Global Innovation Policy Center. As per last year’s report, India has been ranked in the 36th […]
Read More
Why Are Drug Patents Important Everything You Need to Know?
Before you ask for the importance of patent in the Pharmaceutical world, let us first learn about Patents. After a song is recorder, the song is approached by various music production companies who would like to rent the copyright of the song for marketing purpose and earn profit from it. And patent is almost similar, […]
Read More
Can Religious Symbols Be Registered As Trademarks?
Are you planning to register religious symbols as trademarks? Well, you should research thoroughly to understand the use of religious symbols as trademarks. You have to consider the sentiments of people before you plan to use regions symbol for your business. India being a secular country encourages different citizen follows different religions, practicing it and […]
Read More
Copyright Issues Involving Music
For a music composer, lyricist, a producer, or any performer, protecting music is a big concern under the U.S. copyright protection laws. By copyright, it indicates legal protection that is offered to the original work of music of the creator from others to use it by their name. The copyright law shall prevent others from […]
Read More
The Clash Of Jurisdiction Of CCI And TRAI
Overlapping Jurisdiction The Competition Act, 2002 read with section 18 of the legislation delegates to the Competition Commission of India (the “CCI”) the duty of “promoting and sustaining competition” in the Indian economy. This implies that the CCI will have principal jurisdiction to regulate conditions of competition in the relevant market of India. Whereas, Section […]
Read More
X
Download Firm Profile