Abstract
With the on-going trend of adding a remix song in a movie has been at its peak but the question that arises is that whether the legal rights of the original creator of the song are being protected or not? How do copyright laws work in case of remix songs and what happens when another creator violates the rights of the original creator. Also whether the remix song is protected under the Copyright Act?
Section 51 of the Copyright Act, 1957 deals with the violation of the copyright and also lays down the conditions for the owners of remix songs which they are bound to fulfil to launch the song.
This article focuses on answering the above questions and giving clarity on copyright laws in the music industry in India. It explains the works that are protected under the Copyright Act. It also suggests some amendments that need to be made in the Copyright Act for better enforcement of the law.
Introduction
In recent times, there has been a change in the music industry in India. A lot of famous Bollywood and regional songs are now being remade and used in movies and web series nowadays.
A change in trend from the original song to remix songs has led to the exploitation of copyrights of the music composers, lyricists, producers etc. i.e. the creator of the music. Some of the examples of famous songs that have been remixed are the Huma Song, Tamma Tamma, Muqabla, Urvashi and many more such songs.
Copyright Law
Under Copyright law, owner, creator, author, composer or authorised person has the right to reproduce its original work. Creator of original work has the right to sell or distribute its work in different formats, for example through CDs or cassettes.
In India, the concept of copyright came in 1847 and in 1914 a legislation was brought in relation to copyright law. Later on, some modifications were made in this law. And the copyright law of 1914 was continued in the Copyright Act of 1957. This act governs all the copyright laws of India. Copyright is applied in various fields like:
Literary Work which includes newspapers, magazines, journals, computer programs, dictionary meaning etc. and many more non- dramatic textual works, the owners of such work are called as creators or authors.
Dramatic Work which includes dance, opera, dramas, screenplays the owners of these works are called as composer, choreographer and dramatists.
Cinematograph Films which includes visual recordings, sound recordings are protected.
In the Pre- Production stage of a film, the film’s scripting, casting, shooting schedule, crewing, location, rehearsals require legal protection so that no one can copy it. And in Post- Production stage, it’s Broadcasting Rights, Reproduction Rights and more such rights require legal protection which is covered under copyright.
Copyright in Musical work
Violation of Copyright in Musical work
- One such song that faced legal issues was Masakali 2.0 by Tanishq Babchi which is a remake of the song Masakali(which is protected under Copyright Act) from the movie Delhi 6. Here Tanishq Bapchi did not take permission from the original owners of the Masakali song which let to violation of copyright. Even though there are laws relating to copyright but India’s enforcement mechanism relating the same is weak due to which producers openly release a remix of any song.
- Another famous case where the song Pandey Ji Sitti from the movie Dabangg was alleged to have copied from the song Chalat Musafir from the movie Teesri Kasam.
Musical work constitutes music which is a combination of graphical notations which represents music through symbols. Author of musical work is called composer.
Sound Recordings includes any song which has been sung with or without music such as Podcast, audios or speeches all these are copyrighted just like musical work. The owner of sound recordings is called as Producer. All the audios and stories which are narrated on Spotify are all copyrighted.
Musical Work is Copyrighted this protected work gives the composer full rights to record their work, sell their work or distribute their work in different formats.
REMIX and Copyright
Is it easy to remix any original song in spite of having such strong copyright songs in India? Is Remix legal?
Under the Copyright Act, the work remix has not been defined. Any old song with slight alternations is called as a remix. In simple words, the lyrics of old songs are either subtracted or added along with new beats. For example, the Tamma Tamma song from the movie Badrinath ki Dulhania, the lyrics of the song were same but rap was added and change in beats. Therefore, the remix is also a creation and should be given equal protection under the copyright laws.
The remix is allowed under
Section 51 of the Copyright Act: this section talks about the violation of copyright. This section also lays on conditions to be fulfilled in case of remix songs. These conditions are as follows:
- Any person who wishes to remix the original song, that person will have to give prior notice to the original composer of the song stating his intention behind such remix.
- The person will also have to pay royalty in advance to the composer of the original song.
- Original owner will have the right to inspect any books of accounts relating to the remix song.
- No new or remix song can be launched until the expiration of 2 years from the making of the original song.
Tenure of copyright protection in any field usually is a lifetime of author and 60 years after his/her death is valid.
Therefore as per section 51, any person without obtaining a license from the owner of original work or without paying royalties makes a remix song then that person has committed violation of copyright.
Need for Amendments
- The statutory licensing system, the license that needs to be obtained to launch any remix song needs to be improved.
- Royalty: the royalties which are to be paid to the original owner of the song needs to be specified as the amount of royalty to be paid is not specified in the act. Since the amount of royalty to be paid is not specified, the owner/ author of the song are paid very less.
Conclusion
Copyright Act protects the work of the owner and gives the owner full right of how to sell and distribute their product. A remix song is legal only when the owner of the remix song serves notice stating their intention behind the remix song and pays a royalty to the original owner. This might seem easy but the act does have some loopholes which need to be corrected as the need for copyright protection is rising in the music industry. With the changing trend in the music industry, the laws should also be amended to meet the needs of the industry. A clear definition of remix should be stated along with the specific amount of royalty which is to be paid to the original owner so that the right of the original owner is not exploited.
Adv. Shreya Sharma
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