ROYALTY COLLECTION: LEGAL FRAMEWORK FOR MUSIC AND LYRICS

This article is written by: Neha Gupta, IMS Law college, CCS, Bachelors of Law-LLB, Year: 2^nd Year: 4^th semester during her internship with Ledroit India

Scope of Article

1. Introduction
2. Importance of Royalty collection: Legal framework for music and lyrics
3. The main goals of Royal Collection: Legal Framework for Music and Lyrics
4. Issuance of Licenses of Music and Lyrics
5. What is Copyright Protection?
6. Why is Copyright Important in the Music Industry?
7. Who are contributors to a song?
8. Penalties Related to Trademark Infringement
9. Rights in the Legal framework of music and lyrics
10. Case laws
11. Conclusion

Abstract 

This article highlights the scope and importance of intellectual property rights which includes trademarks, copyrights and royalty collection in respect to the legal framework for music and lyrics. As the entertainment industry is flourishing and excessively adding to the growth of the nation, it becomes very vital and necessary to safeguard the rights of the music composer, song composers, singers, lyrists who produce music and lyrics as an independent creation or in a cinematographic film; so that, it cannot be misused and used by any other person without their permission, as, they have collaborated their efforts and innovative mindset in making the song and lyrics.

Introduction

Music is source which provide calmness and has become a universal appeal for the youth. It is also considered as an expression of love, desires, calmness, soothing, loving. Music is in itself healing. It provides harmony and melody to million of minds of individuals of our country.  Section-13 of Copyright Act, 2012 has recognized author’s independent copyright over the literary work, music and sound recordings. If somebody wants to play a song registered under the Section-13 of the Copyright Act, 2012, that, person is deemed to seek the registered license in this regard or get the permission from the registered owner of the copyright of the musical work, literary work, musical sound recording and soundtracks. Otherwise, that person holds liability in the eyes of law and has to compensate the damages to the said authority.

Importance of Royalty Collection: Legal Framework for music and lyrics

As the musical industry is growing and flourishing, it is very important to safeguards the rights of the musical composers and lyrists. If any person wants to play a song in any of the public places including restaurants, hotels, radio, theatres, or any commercial events it is necessary to obtain the license or seek the permission from the registered owner of that literary work.

The main goals of Royal Collection: Legal Framework for Music and Lyrics

1. Safeguard the interests and rights of the individuals who have actually spared their genuine efforts in creation of musical work and lyrical work
2. The song and musical composition could not be used by any other person without the consent of the authorized owner.
3. To flourish the economic growth of our nation, via protecting and safeguarding the interests of the innovative mindsets
4. Also To enhance the entertainment, joy, peace, joy of the nation
5. To enhance and promote the science and technology
6. To motivate young minds to showcase their talent and inculcate their efforts in our growing economy

Issuance of Licenses of Music and Lyrics

The licenses of music and Lyrics can be issued by the owner of copyright, in his individual capacity or by the Copyright Societies framed by the provisions of Section 33 of the Copyrights Act. The author of the musical composition, literary work or creative work can authorize the rights to the third to use the copy of musical work and literary creation or lyrical composition to be used in the public.

They can get the license to use the song and without license they withhold a liability to compensate for using the songs, musical composition or lyrical work and the authorized owner can claim damages in this regard. Sound recording is a combination of three elements: lyrics, music and singing which can be easily exploited in the economy and could misused. Therefore, it has become a vital issue to protect and safeguards the rights and authority of the original authorized owners of this, so their rights are not violated and they can claim damages in these aspects.

• The lyrics of the song is protected as literary work where the owner of the copyright is the lyricist.
• The music of the song is protected as the musical work where the owner of the copyright is the composer.

What is Copyright Protection?

Copyright protection is a set of rights given to an individual who is the original creator and owner of the literary work, authentic creator and the authorized owner of the innovative and creative work. The Copyright under the Copyrights Act authorized by the law safeguards and protects the rights of such creators so their, original work and innovative mindsets cannot be used by any other person or it prevents the misuse of the original work by the public in general who are not the original creators of the authorized work.

The authorized owner of the literary work is the sole individuals granted by the law and the laws upholds and protects their rights and also respecting their innovative and creative mindset that, they have put in the creation of that literary work. The Copyright protection give exclusive rights to the owners of the literary work or musical composition or lyrical work and they rights are unique hence, granted by the law itself. These rights are solely granted by the laws of the specific country in this regard. This also gives the ultimate and exclusive rights to the owner of the literary work to reproduce, recreate, display, perform, license his or her work.

Why is Copyright Important in the Music Industry?

Music has become an essential source of entertainment, joy, peace and sentiments. Most of the people connect with the music and express their emotion via connecting with the musical composition. The musical work nowadays is connected with the emotions, sentiments and joy of the people. The musical industry is producing great and marvellous music work by the amazing skillset and innovative creation by the collaborative mindset or sometimes individual mindsets. Therefore, it is an absolute necessity to safeguard and protect the rights of the individual who are producing and creating the musical work, lyrical work and giving rise to such literary work which is unique and impacting the lives of millions of individuals of the nation and hence, contributing to the overall growth including the economic growth and revenue generation of our economy. India as a growing economy, have various talented and innovation mindsets which via their mindsets create a difference in the economy. These individuals include several musical composers, lyrical artists, song writers, lyrical artists and many others,  In this generation of remix of songs and musical compositions by several creative artists and also includes recreation and reproducing the existing songs by successful musical composers and lyrical artists; it has become very essential to protect and safeguard the interests of the individuals who are genuinely invested their interests and innovative mindset for the creation of such literary work and artistic skills. Many big companies and organisations use the already existing songs and skills by the musical composers and lyrical artists and earn huge number of profits and generate revenue without even compensating the original authorised owner of the song; the literary work and also without their permission.

Therefore, it is very essential to protect the rights of such individuals, laws are made to protect and safeguard their rights and they can restrict the use of their work and the person misusing their work and even if other using their work without their consent can be held liable and they can claim damages in this regard. 

If we take an instance of the remake of Famous musical composition by legend- AR Rahman and produced by the TE series; the song ‘Masakali’, the remake of the worldwide famous song- ‘Masakali’ that is-‘Maskali 2.0’ infringes and violates the rights specified under the Copyright Act enforced by the law. ‘Masakali 2.0’ totally undermines the core principles of Copyright laws, i.e., the preservation of originality. In this case, almost every right given to the original creator, like Section 13(1)(a)[9], Section 38[10], Section 17[11], etc., got violated. 

Who are contributors to a song?

1. Lyricist: the lyrics of a song is a literary work; the individual engaged in writing the lyrics of song is termed as lyricist. As, writing a song is literary work therefore, it requires to be safeguarded and protected as these are the efforts, consistency, innovative mindset of an individual.
2. Composer: Composer is a person who created a song excluding the actions. Consisting of songs and any set of graphical notions and series of picturisation. Therefore, their rights have to safeguarded as they, considered as an important person in the eyes of law and they have spared their hard work and efforts for the composition of the musical song or composition, literary work.
3. Singer: Singer as the name suggests, they are the individuals who are involved in singing a ‘song’ which can be a musical composition, literary work, innovative task, creator of the song, lyrical work etc. They hold exclusive rights over their performance on the stage in front of the public and they also have the right to record their musical work or literary work or musical composition in the electronic form and any other form up to their discretion and use for their benefit and wealth creation. They are not restricted by law to reproduce, remix, remake their musical composition and sell them to any individual, as they have their efforts and innovation mindset behind these efforts.
4. Penalties Related to Trademark Infringement

The criminal remedies which exist for the violation of trademark rights are:

• Imprisonment for a tenure of period which is not less than six months, which can extend up to three years.
• Fine which is not any less than ₹50,000, plus, which can extend up to ₹2 lakhs.

Rights in the Legal framework of music and lyrics

The authorities of the country have laid down strict rule and regulations related to preventing the violation of interests of individuals who are involved in creation of musical work and composition of literary work and composition of lyrical work. The law protects and safeguards the rights of the individuals of the musical composition and song compositions which are done by independent individuals sometimes and also bundle of individuals are involved in creating musical work and song compositions.

As the person involved in the composition of the songs, musical work and literary has their vested interests and their ultimate efforts involved in the composition of musical work, therefore, it also becomes the essential element for the law of the nation to safeguard the rights of such individuals which are in the interest of the nation and also contributes the economic growth and wealth generation of the country.

The rights protected and safeguarded by the law in this regard to legal framework rights of music and lyrics by the musical composers, lyrists, song writer, song producers, musical directors, singers and many other such people are:

1. Moral rights
2. Economic rights
3. Ethical rights
4. Personal rights

Moral Rights:

The Moral rights are a bundle of rights related to the individuals who are the creators of musical work or literary work or innovative creation of music.

Moral rights include Right to restrain, Performance rights, right to paternity.

Economic Rights

The Economic Rights as the name suggests are related to the wealth creation, income generation of the individuals who are engaged in the production of musical work, composition of songs, creation of innovative work, composition of artistic work and literary work. Economic Rights are very essential to the individuals. It includes the rights to reproduce a song, rights to issue copies of the musical work, Performance rights, Right to Make Adaptations and Translations.

CASE LAWS:

Three Boys Music Corp. v. Michael Bolton (1994)

The discourse arose when The Isley Brothers alleged that Michael Bolton copied their earlier song, Love Is a Wonderful Thing, in his 1991 track Love Is a Wonderful Thing. The Isley Brothers claimed that Bolton’s version unlawfully reproduced key musical elements, particularly distinctive melodic phrases and motifs that formed the core identity of their original composition.

At trial, the jury found that the plaintiffs owned a valid copyright and that Bolton had access to the earlier work and copied protectable portions of it. As a result, the jury ruled in Favor of the Isley Brothers and awarded approximately $5.4 million in damages.

The case is significant because it clarified that copyright protection in music is not limited to entire songs or lengthy sections. Even short musical phrases or riffs can be protected if they are sufficiently original and distinctive. This lowered the threshold for what may qualify as infringement and emphasized that small but recognizable elements can constitute substantial copying.

Overall, the decision strengthened protection for composers and reinforced the principle that brief, memorable musical expressions are legally protectable creative works.

Conclusion

The copyright Act, of the intellectual property rights plays a pivotal and crucial role in the music industry and cinematographic industry and films. It is very essential to protect and safeguards the rights of the individuals such as music composers, lyrists, musical producer, singer, musical directors who have genuinely worked hard and vested their time, energy, money, innovative mindset and crucial thinkings and efforts for creating a legendary artistic work which can be literary work or innovative creation via the innovative and creative mindset of an individual.