Introduction
Music is one of the oldest and purest form of creative expressing. When we talk about music it’s not only about song but it includes other components of music like lyrics, tune, music track, and more. It comes under the ambit of intellect creation which is created by individuals and group of individuals. To protect such creativity **copyright** plays an important role which safeguards such creativity by providing exclusive right to the owner.
This blog helps one to understand that what is copyright in music, different aspects of copyright in music, process of seeking copyright registration regarding music and other details which should be known by the owner or applicant while seeking copyright for their musical work.
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Copyright in Music
To understand the concept of copyright in music lets understand the meaning of the two words mentioned. If we split the words we get two words **copyright** and **music**. Copyright means when owner or applicant seeks legal protection regarding their literary, musical, dramatic, cinematography work. It is not limited till here. Categories under which one can seek legal protection has been mentioned under the provisions of **Copyright Act, 1957**. Music is a creative intellect work done by individuals which helps in expressing emotion and convey messages. Together, if we combine both words then **copyright in music** is when an individual seek legal protection for their music work. Musical work includes melody, rhythm, musical composition.
Copyright grants exclusive rights to the person who created the music to use, publish, license or perform the music.
Who can claim Copyright in Music?
Ownership can be claimed by different people and it depends on the role played and agreement involved. These can be **composer, lyricists, Company recording the music, producer, employer** and the person to whom the rights have been transferred through legal agreement.
Duration of Copyright in music
In India, copyright validity for musical work is for **lifetime of the author along with 60 years**. For sound recording, validity is for **60 years from date of publication**.
Importance of Copyright in Music
- Protects from **piracy and plagiarism**.
- Provides **legal protection**.
- Gives **exclusive rights** to the owner.
- Acts as **proof of ownership** in disputes arises.
- Provides **control over usage and licensing**.
In today’s world where digitalization is increasing copyright plays a crucial as it protects the music from getting misused.
Copyright Infringement in Music
It occurs when music is used **without consent or prior permission**. Categories like unauthorized remixing of music, illegal downloads, uploading songs without prior permission and other unauthorized or illegal activities leads to infringement. Legal remedy against infringement can be **injunction, damages or criminal penalties**.
Registration process of copyright in Music
Registration of copyright in music has different steps which needs to be followed. It includes
- Fill **Form-XIV** i.e. application form along with the fees required for copyright and supporting documents.
- Registrar checks the **originality of work** created. It should be noted by the applicant that the work done by the applicant shall be original work and not mere translation or adaption.
- After Registrar checks all the particulars of the application. After **30 days of mandatory waiting period** along with NOC provided by the applicant if Registrar is satisfied with all the particulars then, copyright is granted to the owner along with certificate which acts as legal evidence.
- If Registrar is not satisfied with the particulars in the application or if documents are not appropriate or if an **objection is raised by the third party or in public interest** the, hearing should be done regarding the same. Both the parties must be notified regarding objection and hearing of the dispute arise.
Checklists for Copyright in music
- Elements such as **lyrics, musical composition, sound recording, and performance rights** are included under the protection of copyright in India.
- Duration for copyright in music is for **Lifetime of the author along with 60 years**.
- While seeking for copyright registration one should check for the checklist mentioned at the official site of **Department for Promotion of Industry and Internal Trade**.
- **Form XIV** should be filled properly.
- Fees required for copyright in musical work is **Rs 2000 for copyright registration**. Additional fees of **Rs 5000 per work** can be required for specific purposes such as license to republish a musical work.
- Rights granted under copyright in music shall be used in fair manner by the owners who can seek protection.
- It should be noted that only **original works** are eligible for copyrights and mere translation or adaption is not relevant for copyright.
Conclusion
Copyright is an important yet crucial procedure to safeguard one’s musical work. All the checklist must be followed properly. Special attention shall be given when filing application i.e. Form XIV. Resolution should be made if any ground of dispute or objection has been raised by the third party.
📚 References
- The information is derived from the source provided.