Music Royalties
- ByAdmin --
- 20 Apr 2024 --
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MUSIC ROYALTIES
In exchange for the ongoing right to use their work, copyright holders (such as recording artists, record labels, songwriters, and music publishers) get music royalties. A copyright gives you a collection of exclusive rights, like the ability to distribute, perform, and reproduce a work.
Works protected by copyright can't be utilized without permission from the owner, which requires paying royalties.
Music royalties come in a variety of forms, including mechanical, synchronization, and performance royalties.
The Indian Copyrights Act of 1957 is the main piece of legislation in India that addresses copyright laws and infringement. Producers of original musical works are granted the only right under the Act to duplicate, distribute, perform, and make their work available to the general public.
The primary legislation safeguarding the rights of musicians is The Copyright Act, 1957, which underwent revisions and became operative on June 21, 2012. The changes comply with India's obligations under international law. In comparison to producers and record firms, songwriters, composers, and musicians employed in the Indian film business now have more ownership control thanks to the 2012 modifications made to the Copyright Act.
Therefore, following the 2012 amendment to the Copyright Act 1957, writers and performers of literary and musical works are now entitled to collect royalties in exchange for the commercial use of their creations.
When someone utilizes or duplicates music that is protected by copyright without the owner's express consent, it is considered copyright infringement. Original works are automatically protected by the Act as soon as they are created.
The Indian Performing Right Society Ltd. v. Vodafone Idea Ltd. (CS- COM/ 140/2024) was just decided. In the case of music used in sound recordings and movies on Vodafone's VAS services, the Calcutta High Court finds in favor of IPRS. In a ruling, the Calcutta High Court maintained the rights of the Indian Performing Right Society Ltd. (IPRS) against Vodafone Idea Ltd. This means that before Vodafone can profitably use the literary and musical works included in sound recordings as part of their Value-Added Services (VAS), it must first secure a license from IPRS and pay royalties.
The court rejected Vodafone's argument that it was exempt from paying royalties to IPRS, emphasizing that the writers of original works now have substantive rights under the amended Copyright Act, guaranteeing them compensation for any public performance or dissemination of their creations.
"The fundamental goal of the 2012 Amendment is that creative works should belong to their creators and that creators should receive a portion of all future commercial exploitation of their works (apart from movie theaters)," it was stated.
Conclusion:
Legislation that is comprehensive in nature is necessary to address the complex issue of Bollywood musicians not receiving proper royalties. The problem has not entirely been remedied, despite the fact that the 2012 Amendment to the Copyright Act has significantly improved the rights of musicians. The ambiguity of the law and the power of record labels and producers prevent musicians from getting paid what they deserve.
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