Copyright in Music
Facts you should know as a Creator & Publisher of Music
One of the most misunderstood terms in the business of Entertainment, especially music, is Copyright. The maze around the word has baffled many and has also been responsible for many controversies in the music ecosystem. To help our IPRS members understand the meaning of the word Copyright and its implications in the simplest terms we have with us one of the stalwarts of the music industry Mr. Atul Churamani, Managing Director at Turnkey Music & Publishing Pvt. Ltd, a veteran in the music industry who is more than eager to help our members understand the nuances of copyright in music in the simplest terms sans legalese.
What exactly is the meaning of the term copyright and who is it governed by?
Simply put, Copyright is the rule under which people can monetise their creations. Copyright is a part of intellectual property that protects original works of authorship as soon as an author fixes the work in any tangible form of expression. In copyright law, there are different types of works, including paintings, photographs, illustrations, musical compositions, sound recordings, computer programs, books, poems, blog posts, movies, architectural works, plays, and more!
Intellectual Property rights is governed by the parent body WIPO the (World Intellectual Property Organisation). WIPO is the global forum for intellectual property (IP) services, policy, information and cooperation. It is a self-funding agency of the United Nations, with 193 member states. Historically, the Berne Convention signed by many countries, including India, in 1886 is the root behind intellectual property. It is the guiding light for music composers and lyricists underlining the rights to their works. These rights are recognised and help the creator monetise their works every time they are used commercially.
Can you explain copyright in terms of how it is applicable in music?
The composition, lyric and sound recording are the three areas in which copyright is applicable in music and are monetized. The first copyright in a composition is the right to record the song known as the Recording Right. This may also include the right to record a song multiple times over the years as we have seen with re-recordings referred to as ‘remixes’ and ‘recreations’.
The second right is a right to reproduce the song which means making copies of the song after the recording. This is therefore called the Reproduction Right and is really the cornerstone of copyright since every usage pretty much involves a reproduction of the work in some way.
The composition, lyric and sound recording are the three areas in which copyright is applicable in music and are monetized. The first copyright in a composition is the right to record the song known as the Recording Right. This may also include the right to record a song multiple times over the years as we have seen with re-recordings referred to as ‘remixes’ and ‘recreations’.
The second right is a right to reproduce the song which means making copies of the song after the recording. This is therefore called the Reproduction Right and is really the cornerstone of copyright since every usage pretty much involves a reproduction of the work in some way.
The third in line is the Sale & Distribution Right which is when the work is sent out to people across the world who then consume it either as purchase of a physical product, a stream off a platform or a digital download.
The fourth right is the Public Performance Right. This is when the work is played to many people at the same time, be it through a live concert or the playing of the music in establishments like shops, malls, restaurants, airports etc or via broadcast on radio and television.
The next is the Synchronisation Right which is applicable when a composition is used in any kind of audiovisual film. This could be an advertising film, a feature film, a documentary, even a music video. This applies to any sort of audiovisual that uses the work.
The next right is the Adaptation Right which comes into play when either the original composition or lyric or both are altered in any way. Many think that if they change the work, they can do without taking permission from the original copyright holder, but the converse is true. Permission is required before you can alter anyone’s work!
The Translation Right comes into play when the song is recorded in different languages or when the lyrics are translated and reproduced even without a recording, like a website featuring lyrics.
Where all does one need to register the work to protect its copyright?
Intellectual property is governed by copyright law because it is different from physical property, in that it is intangible. Therefore copyright law accords protection to intellectual property to safeguard its ownership and to help its creator monetise his/her work.
Copyright protection, however, can only be accorded to work that is released and not to a mere idea that has not been executed. So the law actually comes into play when the work is affixed in a tangible form. In the music business it is mostly on the release of a song. Once the song is made available to the public, two registrations kick in. One is for the authorship of the composition and lyrics, which is done with the IPRS and the second with the sound recording society such as the RMPL in India or even collectives like PPL and Novex. These registrations are accepted as proof of ownership and authorship.
The government of India also has a copyright office whose url is www.copyright.gov.in where creators (and sound recording owners) can register their work, both released and unreleased. Though not necessary, this is good to do, as further proof of ownership and / or authorship of copyright in a song. Such a certificate of ownership normally takes precedence in a court of law, in the event of a dispute regarding ownership or creation. This registration though does not have any financial benefit so it is a must for composers, authors and publishers to register their works with the IPRS.
