Copyright for Musical Works in India
What is a Musical Work?
A musical work refers to any composition that contains music but may not include lyrics or words. Musical works include compositions that can be sung or played and are protected under copyright law when fixed in a tangible form, such as sheet music, recordings, or notations. Sound recordings of musical works are also separately protected under the law.
Who is the Author of a Musical Work?
- The author is typically the composer who creates the music, including notation and arrangements, as defined under Section 2(d) of the Copyright Act.
- Joint authorship is recognized when two or more composers contribute distinct elements to a composition.
- Lyrics and music may have separate copyrights if created by different authors.
Copyright Protection Term
- For individual composers: Author’s lifetime + 60 years from the beginning of the calendar year following the composer’s death.
- For joint works: Protection lasts until 60 years after the death of the last surviving author
Eligibility for Copyright
- The musical work must be original and reduced to a tangible form, such as written notation or a recorded performance.
- Copyright for unpublished works applies only if the author is a citizen of India at the time of creation.
Key Features of Copyright in Musical Works
- Provides full protection for compositions, lyrics, and sound recordings.
- Grants exclusive rights to reproduce, distribute, perform, and license the work.
- Allows the owner to modify the work or authorize others to use it.
- Requires tangibility in some form, such as sheet music or recordings.
- Rights can be assigned or licensed to third parties.
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The musical function specifies any act that contains music with the Work's pictorial piece but does not contain any words and can be sung with music. Recording of any music work is being preserved under Sound Recording.
Author of the musical Work
According to section 2 (d), the writer is related to music. According to section 2 (a), a clear statement about the musician's relationship with the composer is the person who composes the music, whatever it may be—record music in graphical notation. Music works joint writers or composers can file copyright applications. It is clearly explained in section 2 (z) that works produced by two or more writers in which one composer's contribution is different from another composer.
The copyright protection term for music works
The copyright protection term for music works is published within the author's lifetime until the sixty years from the beginning of the calendar year to the next year in which the composer dies.
In the case of joint musical Work, the term will be counted immediately after the author's death, who dies at the end.
Copyright for music and composition recordings can only be made easily by providing original music work. It must also be reduced so that it can be printed, compressed for writing, and produced graphically.
Copyright for a music work means that copyright laws seek presentation consistency on each aspect, such as presenting the tone, period, time, and tone in tangible form; From the artist's point of view.
Until the Work is published once, copyright law does not apply to a piece of music. However, copyright law for an unpublished work is a condition that the owner must be a citizen of India when creating the Work.
Copyright for music recordings consists of the other two elements that are sound and lyrics. For both works, separate copyrights may survive where the exclusive owner of the copyrighted Work has sole ownership over their specific copyrighted Work.
Salient features of music work
- Musical-work should be in original form, and for copyright, original Work needs to submit.
- Gives full rights to copyright allocation in sound recording, licenses music work, and prohibits others from using it.
- Tangibility must exist
- According to the contract, if the songwriter and singer are recording, the employer will be the first owner of the copyrighted Work that authorizes the agent.
Documents required to obtain copyright license for a music work
The following documents are required to obtain a copyright for a music recording work.
- If the Work given for copyright is not original, then a statement is specifically required for the copyright to proceed.
- If the other person files a copyright application on behalf of the original creator, a NOC certificate signed by the original creator is required.
- A copy of the Work (in published and unpublished work) with details of publication year is required
- Demand draft or Indian post order of copyright processing fee
- A copy of the acknowledgment slip
- If the author is no more, then NOC from legal heirs is required to process the application.
- If a lawyer applies, the applicants must have a power of attorney.
List of benefits of copyrighted music work
There are many listed advantages to copyrighting a music work.
- Music works protect various copyrighted music components such as music composition, lyrics, sound recording on tap, etc.
- Sub-rights in a sound recording can be assigned, reassigned, and licensed.
- Copyright work owners are free to reproduce the Work and authorize it to be placed in any mode.
- The work owner can perform the Work in public and make some modifications to work as per their wish.
- The owner has the rights to bring to court someone who has used his Work without his permission
- The music owner has the right to place his name on all published copies of the Work
- Copyright law also prevents modification and misrepresentation of Work by another person.
Procedure for obtaining copyright for a music work
There is some procedure for protecting music work with copyright law
- Applicants will come for the application along with Form XIV where the particulars and further details are included in the application
- Separate applications can be made for each Work registration.
- After receiving the receipt, the cooling period of 30 days is mandatory to object.
- If any objections arise in the cooling-off period, the applicant must respond to all complaints. After listening to both parties and the complete satisfaction, the Registrar will issue a copyright certificate for the music work.
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Frequently Asked Questions
Copyright for music and composition recordings can only be made easily by providing original music work. It must also be reduced so that it can be printed, compressed for writing, and produced graphically.
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Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries
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