This Article has been written by Ms. Simran Pathan, a Third-year student of Balaji Law College, Pune
Abstract:
Infringement of a copyright is a trespass on a private domain owned and occupied by the owner of the copyright, and therefore protected by law. There is infringement in several kinds of IPR works. In this article, we’re going to talk about film music infringement. Since the inception of time, humans have been connected to music. People develop platforms to perceive music, from performances on stage to digital. However, there are some behaviors that we should be aware of, such as the distinction between authorized behavior that is lawful and unlawful. Certain interpretations of music might not be as lawful. Thus, we need to be aware of the acts that determine these activities. We hear about various instances of copyright infringement in music on a daily basis, but it can be challenging to completely comprehend the idea. The several methods that musical compositions may be subject to copyright infringement are covered in this piece of writing. Many instances were looked at and discussed in order to understand how this infraction is calculated. In order to provide a greater understanding, situations that fall under the category of fair use but do not result in infringement have also been highlighted. These include both international and Indian cases, including those involving Bollywood. There is additional discussion and mention of Copyright Act provisions that address these kinds of difficulties. To address the issue, people must be made knowledgeable about it, and the laws must be implemented strictly.
KEYWORDS: Infringement of music, copyright, Bollywood, legitimate use, and cases.
Introduction: India is among the nations that produce the most films globally. India’s movie history began in the year 1913, when silent films gave way to sound, color, and ultimately more technologically sophisticated films. But as time went on, Bollywood and other regional Indian cinema industries frequently appropriated popular songs from a wide range of sources. Bollywood’s imitative practices are becoming more visible to the outside world as India’s entertainment sector grows more internationalized. Unauthorized Bollywood remakes of widely-known Hollywood movies have previously drawn attention from Hollywood. In order to generate illegitimate versions of works protected by copyright, Bollywood film producers depend on the theory that ideas are free of copyright. Big names in the Bollywood music business are still under criticism for illegal derivative compositions they create and reproduce, even if other industry heavyweights are calling for an end to infringement.
What copyright means: An owner of intellectual property is granted the legal privilege known as copyright. It is the right to copy, as the phrase implies. Consequently, the significance of copyright is that the creator of a thing owns the ownership title to it. Therefore, the only person who may copy that work is that person or anybody they grant authorization to. The original inventors of the product are granted the only right to use it further or to make duplicates of it for a restricted amount of time under copyright law. The Copyright Act, 1957 governs copyright law in India. The majority of international copyright conventions and agreements are currently complied with according to the Indian Copyright Act. India formerly belonged to both the Universal Copyright Guidelines. However, changes to the Indian Copyright Act in 2012 have made the legislation in accordance with WIPO Performances and the WIPO Copyright Treaty (WCT) Programs Treaty (WPPT) to safeguard the film and music sectors.
WHEN COPYRIGHT IS INFRINGED UNDER THE ACT: Under Section 51 of the Copyright Act, 1975, copyright in a work is deemed to be infringed:
- when any person, without a license granted by the owner of the copyright or the Registrar of Copyrights under this Act or in contravention of the conditions of a license so granted or of any condition imposed by a competent authority under this Act
(i) does anything, the exclusive right to do which is by this Act conferred upon the owner of the copyright, or
(ii) permits for profit any place to be used for the communication of the work to the public where such communication constitutes an infringement of the copyright in the work, unless he was not aware and had no reasonable ground for believing that such communication to the public would be an infringement of copyright or
- When any person-
(i) makes for sale or hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire, or
(ii) distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright, or
(iii) by way of trade exhibits in public, or
Copyright Infringement in Musical Works:
It can be challenging to determine who owns material created under copyright laws; this is especially the case for the music business. In this industry, the line between comparable pieces is becoming more obscure and vaguely defined. The issue of determining proper ownership is extremely hard because of the abundance of music-related material that is available on the internet. There’s an elevated likelihood that some previously developed work may be accidentally used unintentionally. Furthermore, we happen to be currently experiencing what is commonly called “the mashup era.”
Remaking music has become a frequent activity in today’s world, and it is indisputably at its height right now and keeps on growing.
There are provisions in the Copyright Act pertaining to derivative songs; nevertheless, it is unclear if these provisions also apply to remixes. Ultimately, record labels get enormous financial rewards from the sale of these songs or from using them in movies, all the while rarely paying the artists. One widely recognized song that exemplifies this kind of artist exploitation is called “Masakali 2.0.” The original ‘Masakali’ was a collaboration between the legendary record firm T-Series and our esteemed composer A.R. Rahman and lyricist Mr. Prashoon Joshi. As it stands, T-Series released the song’s second version, “Masakali,” without obtaining prior permission from the song’s original publishers. This illustration demonstrates how record corporations’ rights are being questioned.
Who Are a Song’s Authorized Individuals?
The Copyright Act treats a song as if it were made up from multiple parts, each of which may be readily protected by copyright on the part of its respective inventor. If a song is written, composed, and performed entirely by one person, that individual may be entitled to copyright for the entire song.
Lyricist: According to Section 2(d)(i) of the Act, the author of any literary work is the person who has written it. In the context of songs, this would be a lyricist. As the lyrics are termed as literary work the lyricist has every right to obtain copyright for himself as the original creator of the song. A copyright for the background music of the song might be acquired by the composer.
Singer: A performer is defined as the song’s vocalist in Section 2(qq) of the Act. All rights pertaining to the singer’s performance are owned by them. They can record their performance, replicate it as they choose, broadcast it on any electronic format, and charge for the copies.
Producer: A producer of a sound recording is defined in Section 2(uu) as the person who undertakes the obligation and responsibility for creating it. The producer is the source of the song’s recording as they oversee its recording and its placement in any type of album or film. Thus, they also manage to get the song’s copyright.
India’s Situation of Music Piracy
India abides by a number of international agreements and treaties pertaining to intellectual property rights. Even with its membership, the Indian Copyright Act is unable to effectively reduce the number of instances of pirated music in the country’s music industry. Since it has previously been stated that Bollywood films rely heavily on music and the majority of their composer’s pirated music to a large audience by labeling it as “motivational.” The unproductive right laws yet at the same time, they are denying the audience access to unique musical experiences.
Cases of Music Infringement in the Film Industry
Unlawful use, distribution, or exchange of content protected by copyright may result in serious legal repercussions. If proven guilty of copyright infringement, individuals or organizations may be subject to severe repercussions, losses and restraining orders that stop them from engaging in any more illegal activity.
- Saregama India Ltd. v. Sanjay Bansal: Saregama India, a well-known music identifies, initiated a copyright infringement lawsuit against Sanjay Bansal in this particular case because the latter was vending unapproved duplicates of sound recordings that were protected by copyright. The court decided in Saregama India’s favor, dictating that Bansal stop distributing copyrighted music without consent and pay penalties.
2.”Gunjan Saxena – The Kargil Girl,” a 2020 release from Dharma Productions, has been accused of violating copyright. Under the Copyright (Amendment) Act, 2012, the Indian Singers Rights Association has launched a lawsuit alleging “royalty” against performance. It is believed that the performers’ rights in a number of songs have been exploited.
- Ae Dil Hai Mushkil and World War Z: It is evident that the first few notes of the newly released Bollywood film Ae Dil hai Mushkil are a parody of World War Z’s theme song. Pritam Chakraborty is the composer and Karan Johar is the director of the movie. As stated in an article released in Bulleya, another song taken from Papa Roachs’s Last Resort.
4.Yash Raj Films Pvt. Ltd. v. Sri Sai Ganesh Productions: Due to unapproved duplication and distribution of their film, Yash Raj Films, a well-known film production firm, filed a copyright infringement lawsuit against Sri Sai Ganesh Productions. The court decided in Yash Raj Films’ favour, awarding damages for copyright infringement and issuing a restraining order against Sri Sai Ganesh Productions.
5.Super Cassettes Industries Private Limited.v. Goldmines Telefilms Private Limited:
In this instance, T-Series, the plaintiff, filed a lawsuit against Goldmines Telefilms, the defendant, seeking an injunction on a permanent basis to prevent copyright infringement, tortious disruption harm, and other things concerning plaintiff’s sound recordings of cinematograph films. The case was brought regarding the use of audio-visual tracks from the following films( i) Diljale ii) Main Aisa Hi Hoon iii) Vaastav iv) Bees Saal Baad v) Ek Chaddar Maili Si vi) Guru vii) Hisaab Khoon Ka viii) Jungbaaz.
Conclusion: Some of the most well-known musicians have discovered their home within the booming Indian music community. But because of the structural inequalities in the industry, producers and record label who don’t seem to care enough to give credit where credit is due always end up taking the forefront ahead of those musicians who originally composed the song. The original creator must get an adequate share of the revenue from sales and earnings from the artist’s recreation of the original work. In addition to shielding his laborious efforts from infringement by unapproved parties, copyright protection enables him to take legal action against any infringing parties and establish that the work was really initially created by him. The Indian Copyright Act states that the duration of protection accorded to creative works, comprising literature and music, is for as long as the author’s life and the 60 years that follow before the author passes away. This article traces five instances of music piracy in Bollywood films in an attempt to expose the flaws and infectiousness of the Indian Copyright Act. In India, copyright infringement is a crime that carries monetary punishment and jail time as penalties.
References : This Article was originally written by and published on the following websites. The link for the same is herein
https://repository.law.uic.edu/cgi/viewcontent.cgi?article=1272&context=ripl
Bollywood – Hindi Film Industry Mumbai
-Title of the book, Law Relating to INTELLECTUAL PROPERTY RIGHTS, Name of Author-Dr. V K Ahuja, ISBN Number : 978-81-3125-165-2,Third Edition 2017