In Bollywood, music is an essential component of filmmaking, and filmmakers use various sources to acquire music for their movies. Here’s a detailed explanation of the different ways music is sourced for a Bollywood film:

1. Original Composition by Music Directors & Lyricists

🎵 Most Common Method

• Process: The producer or director hires a music director (composer) and a lyricist to create original songs tailored to the film’s narrative.
• Example: A.R. Rahman composing an original soundtrack for movies like Dil Se and Rockstar.
• Legal Aspects: Copyright for the composition is typically assigned to the producer or music label, with composers receiving royalties through copyright societies like IPRS.

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2. Pre-Recorded (Stock) Music

📀 Using existing songs or background scores

• Process: The filmmakers purchase the rights to use an already recorded background score or song that fits the movie’s theme.
• Example: Songs from old Bollywood movies being reused in modern films (Laila Main Laila from Qurbani was remade for Raees).
• Legal Aspects: Requires a license from the copyright owner, often a music label (T-Series, Sony Music, etc.).

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3. Cover Versions & Remixes

🔄 Recreating popular old songs

• Process: Producers re-record a song with new singers, updated instrumentals, and modified arrangements while retaining the original tune.
• Example: Humma Humma remix in Ok Jaanu was a modern remake of the original from Bombay.
• Legal Aspects:
  • Requires a compulsory license under Section 31C of the Copyright Act, 1957.
  • Copyright royalties go to the original creators and composers.
  • The new version’s rights may be assigned to a music label.

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4. Buying Rights from Independent Artists

🎤 Licensing songs from indie musicians

• Process: Bollywood films sometimes use pre-composed or pre-recorded songs by independent music artists.
• Example: The song Udta Punjab was sourced from an independent artist’s composition.
• Legal Aspects:
  • Requires a synchronization license from the independent artist.
  • Terms of licensing can be exclusive (only for the film) or non-exclusive (artist can use it elsewhere too).

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5. International Songs (Adaptations & Sampling)

🌍 Using global music influences

• Process: Some Bollywood movies take inspiration from international songs, either by remaking them or sampling beats & melodies.
• Example: Kaho Naa Pyaar Hai‘s title track was inspired by the English song Take Me to Your Heart.
• Legal Aspects:
  • Requires official licensing from the international copyright holder.
  • Unauthorized use can lead to copyright infringement cases.

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6. Film Background Scores (BGM)

🎼 Composed separately from the songs

• Process:
  • A music director (often different from the song composer) is hired to create the background score (BGM).
  • Helps in enhancing emotions, action sequences, suspense, or drama in the film.
• Example: Background scores in Sanju (by A.R. Rahman) and Baahubali (by M.M. Keeravani) played a crucial role in storytelling.
• Legal Aspects: Copyright of the BGM belongs to the producer or studio, and usage rights may be transferred to a music label.

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7. Folk & Traditional Music Adaptations

🥁 Reinterpreting folk music for Bollywood

• Process: Bollywood sometimes takes inspiration from regional folk songs and modifies them for a wider audience.
• Example: Genda Phool (Badshah) used elements from a Bengali folk song.
• Legal Aspects:
  • If a song is part of the public domain, it can be freely used.
  • If folk artists or families hold traditional rights, filmmakers need to obtain permission and compensate the original community.

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8. Public Domain & Open-Source Music

📜 Using music with expired copyrights

• Process: Bollywood can legally use songs or music whose copyright term has expired.
• Example: Classical compositions by Tansen or Rabindranath Tagore’s works (since Tagore’s music entered the public domain in India).
• Legal Aspects: No licensing is required, but proper attribution is recommended.

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Conclusion

Music sourcing in Bollywood is a combination of creativity and legal compliance. From original compositions to licensed adaptations, filmmakers must carefully navigate copyright laws, royalties, and permissions to avoid disputes.

Copyright Laws Pertaining to Music in India 🎵⚖️

Copyright in music is governed by The Copyright Act, 1957, along with the Copyright Rules, 2013, which have been amended to align with international treaties such as the Berne Convention and TRIPS Agreement. Here’s a breakdown of key provisions, relevant case laws, and their impact on the Indian music industry.

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1. What is Copyright in Music?

Music copyright consists of two major components:

1. Musical Work (Composition & Lyrics) – The melody/tune and lyrics are protected under Section 2(p) & Section 2(d) of the Copyright Act.
2. Sound Recording – The actual recorded version of a song, which is protected under Section 2(xx).

Example:

• A.R. Rahman’s melody for Jai Ho (composition) is separate from the actual recorded version sung by Sukhwinder Singh (sound recording).
• Both the composer and the record label hold distinct rights.

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2. Key Sections in the Copyright Act, 1957

A. Ownership & Rights of Music Creators

🔹 Section 17 – The original owner of copyright in a musical work is the composer and lyricist, unless an agreement transfers the rights.
🔹 Section 18 – The rights can be assigned, but with limitations (explained below).
🔹 Section 19 – Any assignment of copyright must be in writing and must specify the duration and territory.

🚨 Case Law: IPRS v. Eastern India Motion Pictures Association (1977) – The Supreme Court held that once a music composer assigns copyright to a film producer, the producer holds the exclusive rights unless otherwise stated in the contract.

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B. Protection of Performers’ Rights & Royalty Rights

🔹 Section 38 – Recognizes performers’ rights (singers, musicians, etc.), granting them exclusive rights over their performances for 50 years.
🔹 Section 19(10) – Introduced by the Copyright Amendment Act, 2012, this ensures that even if a lyricist or composer assigns their rights to a producer or music label, they are entitled to royalties.

🚨 Case Law: Novex Communications v. Lemon Tree Hotels (2019) – The Delhi High Court ruled that music rights cannot be enforced by unauthorized parties without express assignment.

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C. Licensing & Compulsory Licensing

🔹 Section 30 – Copyright owners can license their music for films, advertisements, streaming, etc.
🔹 Section 31 – Allows the Copyright Board to grant compulsory licenses for public interest, especially when a copyright owner refuses to license a song at reasonable rates.
🔹 Section 31C – Provides for a compulsory license for cover versions, ensuring that new artists can legally create remixes or re-record old songs.

🚨 Case Law: Super Cassettes Industries Ltd. v. MySpace Inc. (2011) – The Delhi High Court ruled that platforms like MySpace cannot escape liability if they allow unlicensed copyrighted music to be shared.

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D. Digital Streaming & Copyright on Online Platforms

🔹 Section 14 – Grants the copyright owner the exclusive right to communicate the work to the public, including on digital platforms.
🔹 Section 52(1)(a) – Provides fair use exemptions, allowing for limited use without permission, such as for research, criticism, or teaching.

🚨 Case Law: Sony Music Entertainment v. TikTok (2020) – The Madras High Court ordered TikTok to remove unlicensed copyrighted songs, reinforcing that digital platforms must obtain proper music licenses.

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3. Music Copyright & Bollywood

A. Who Owns Bollywood Songs?

1. Music Labels (T-Series, Sony Music, etc.) – Usually hold rights to sound recordings.
2. Film Producers – Often own the rights when songs are made for a specific movie.
3. Composers & Lyricists – Retain moral rights and now receive royalties after the 2012 Amendment.

B. Remix & Reuse of Old Songs

• Requires licensing from the original copyright holder.
• If a song is in the public domain (copyright expired), it can be used freely.
• Section 31C ensures that the original creator gets a royalty share in remix versions.

🚨 Case Law: Gramophone Company of India Ltd. v. Super Cassettes Industries Ltd. (2010) – The Delhi High Court upheld that even remixes require a license from the original copyright owner.

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4. Penalties for Copyright Infringement in Music

Under Section 63 of the Copyright Act, copyright infringement can lead to:
✅ Imprisonment of up to 3 years
✅ Fine of up to ₹2,00,000
✅ Seizure of infringing copies

🚨 Case Law: Warner Chappell Music v. TikTok (2021) – Warner sued TikTok for allowing users to create videos with unlicensed music. TikTok had to enter licensing agreements to avoid penalties.

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5. Copyright Societies & Royalty Collection in India

• IPRS (Indian Performing Rights Society) – Represents lyricists, composers, and publishers, collecting royalties for public performances.
• PPL (Phonographic Performance Limited) – Collects royalties for sound recordings.
• Novex Communications – Works with music labels like Zee Music to manage their rights.

🚨 Case Law: Saregama India Ltd. v. Next Radio Ltd. (2022) – The Delhi High Court held that radio stations must pay royalties for broadcasting copyrighted music.

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6. How Artists Can Protect Their Music

✅ Register their music with the Copyright Office
✅ Enter agreements with music labels carefully
✅ Use copyright societies (IPRS, PPL) to collect royalties
✅ Ensure proper licensing for remixes, adaptations, and cover versions

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Conclusion

India’s copyright laws provide strong protection for musicians, composers, lyricists, and producers, balancing their rights with public access to music. The 2012 Amendment was a game-changer, ensuring fair royalty payments to artists. However, streaming platforms and remixes continue to challenge traditional copyright structures, making it essential for creators to understand and enforce their rights.

Here are some common copyright disputes in Bollywood music over the last 10 years:

1. T-Series vs. Roposo (2021) – T-Series sued the short-video platform Roposo for unauthorized use of its copyrighted songs, claiming infringement and loss of revenue. The case highlighted issues around music licensing for digital platforms.

2. Bappi Lahiri vs. Karan Johar (2017) – Veteran music composer Bappi Lahiri accused Karan Johar’s production of using the song Tamma Tamma in Badrinath Ki Dulhania without proper credit or compensation. The issue was later settled.

3. Ilaiyaraaja vs. SP Balasubrahmanyam (2017) – Legendary composer Ilaiyaraaja sent legal notices to singer SP Balasubrahmanyam for performing his songs at concerts without permission, bringing up the question of performance rights.

4. Madras High Court’s Ban on Unlicensed Remixes (2023) – In a landmark ruling, the court restricted unauthorized remixes, emphasizing that remixing old Bollywood songs without proper authorization is a copyright violation.

5. Armaan Malik and Anu Malik vs. Music Labels (2022) – Singers and composers have repeatedly voiced concerns about unfair royalty distribution by record labels, leading to legal threats and disputes over revenue sharing.

6. Recreation of ‘Masakali’ (2020) – A.R. Rahman expressed his displeasure over the remake of his song Masakali, calling it a violation of creative integrity. While no legal action was taken, the dispute raised ethical concerns regarding song recreations.

7. Salim-Sulaiman vs. Music Streaming Platforms (2018) – The composer duo accused streaming platforms of distributing their music without proper licenses, leading to debates on digital music rights.

8. Warner Chappell vs. YRF (2016) – Warner Chappell Music sued Yash Raj Films over the song Tune Maari Entriyaan, alleging that it copied the melody from the Bangladeshi song Mone Boro Kosto.

9. Sony Music vs. TikTok (2021) – Sony Music India challenged TikTok over copyright violations, leading to restrictions on Bollywood music usage on the platform.

10. T-Series vs. Independent Artists (Ongoing) – Several independent musicians have accused T-Series of using their compositions without credit or fair compensation, sparking a debate on fair treatment of indie artists in Bollywood.

These disputes highlight the complexities of copyright laws in Bollywood’s music industry, especially with digital platforms and remixes becoming more prevalent.

MUSIC LICENSING AGREEMENT

This Music Licensing Agreement (“Agreement”) is made and entered into on this ___ day of __________, 2025 (“Effective Date”), by and between:

1. PARTIES: Producer: [Producer’s Name], having its principal place of business at [Producer’s Address] (hereinafter referred to as “Producer”), and

Composer: Mr. Suraj Sandeep, an independent music composer, having an address at [Composer’s Address] (hereinafter referred to as “Composer”).

2. PROJECT DETAILS: The Composer agrees to compose, create, and provide: (a) Four (4) original songs; and
(b) The complete background score for the film “Ronaldo CR.7” (“Film”).

3. DELIVERABLES & TIMELINE: (a) The first draft of all four (4) songs shall be submitted within three (3) months from the Effective Date of this Agreement. (b) The final version of the background score shall be submitted within a mutually agreed-upon timeline following the approval of the songs.

4. PAYMENT TERMS: (a) The Producer agrees to pay the Composer a sum of ₹50,000 (Rupees Fifty Thousand only) per song as compensation. (b) Payment shall be made in the following manner:

• 50% advance upon execution of this Agreement.
• 50% upon final submission and approval of each song. (c) The Composer shall also be entitled to 30% of the total revenue generated from any future licensing, streaming, or monetization of the composed music.

5. RIGHTS & OWNERSHIP: (a) The Producer shall have exclusive rights to use, distribute, and modify the composed music for the Film and any promotional purposes. (b) The Composer retains the right to receive royalties as per Clause 4(c) but shall not exploit the music separately without the Producer’s consent.

6. WARRANTIES & REPRESENTATIONS: (a) The Composer warrants that:

• The music is original and does not infringe upon any third-party rights.
• The music is free from any claims of plagiarism.
• He has full authority to enter into this Agreement.

7. INDEMNIFICATION: (a) The Composer agrees to indemnify, defend, and hold the Producer harmless from any claims, damages, or legal actions arising from:

• Any alleged copyright infringement.
• Any breach of warranties provided under this Agreement.

8. CONFIDENTIALITY: (a) The Composer agrees not to disclose or share any content, material, or information related to the Film, including but not limited to songs, lyrics, or background score, on social media or with any third party without the Producer’s prior written consent.

9. TERMINATION: (a) The Producer reserves the right to terminate this Agreement if the Composer:

• Fails to meet the agreed deadlines.
• Breaches any terms mentioned herein.
• Engages in any conduct that negatively impacts the Film’s production. (b) Upon termination, all payments made shall be non-refundable, and the Producer shall retain all rights over the submitted music.

10. GOVERNING LAW & DISPUTE RESOLUTION: (a) This Agreement shall be governed by and construed in accordance with the laws of India. (b) Any dispute arising out of or in connection with this Agreement shall be resolved through arbitration in Mumbai, in accordance with the Arbitration and Conciliation Act, 1996.

11. MISCELLANEOUS: (a) This Agreement constitutes the entire understanding between the parties. (b) Any modifications must be made in writing and signed by both parties.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.

Producer: __________________________
Signature: __________________________
Date: __________________________

Composer: Mr. Suraj Sandeep
Signature: __________________________
Date: __________________________

Protecting your Intellectual Property Rights (IPR) in music in Bollywood is essential for composers, lyricists, and producers. Here’s how you can safeguard your rights under Indian laws:

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1. Copyright Registration (Copyright Act, 1957)

• What? Copyright protects original musical works (lyrics, composition, and sound recordings).
• How? Register your work with the Copyright Office of India under Section 45 of the Copyright Act, 1957.
• Why? Registration serves as prima facie evidence in case of disputes.
• Case Law: ICHR v. Thapar Publishing (2015) – Copyright registration helped prove ownership in court.

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2. Licensing and Contracts

• Music Licensing Agreements: Ensure clear contracts with producers and record labels, specifying royalty payments, distribution rights, and usage terms.
• Types of Licenses:
  • Synchronization License: When music is used in a film.
  • Mechanical License: For producing CDs or digital downloads.
  • Performance Rights: For live performances and streaming.
• Case Law: Ilaiyaraaja vs. SP Balasubrahmanyam (2017) – Composer sued for unauthorized public performances of his compositions.

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3. Royalty Rights Under Section 18 & 19 of Copyright Act

• Amendment (2012): Provides that composers and lyricists must receive royalties for their music’s commercial use.
• Why? Prevents unfair contracts where music creators sign away all their rights.
• Case Law: Indian Singers’ Rights Association v. Music Labels (2019) – Ensured singers get a share of revenue from digital platforms.

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4. Performer’s Rights (Section 38 of Copyright Act)

• If you’re a singer, you have the right to control commercial exploitation of your performance.
• You can prevent unauthorized recording and broadcasting of live performances.

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5. Trademark Protection for Band Names & Music Labels

• Why? Prevents misuse of your brand in Bollywood.
• How? Register your band name or logo under the Trade Marks Act, 1999.

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6. Digital Protection Against Piracy

• File DMCA Takedowns against unauthorized uploads on YouTube, Spotify, or other streaming services.
• Anti-Piracy Laws (IT Act, 2000 & Copyright Act, 1957) help block illegal downloads and streaming.

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7. Protection Against Remixes & Unauthorized Use

• Legal Precedents: The Madras High Court (2023) ruled that remixes without proper licensing violate copyright.
• Tip: Always negotiate royalty shares when licensing music for remixes.

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8. Legal Recourse for Copyright Infringement

• Cease & Desist Notice: Send a legal notice to the infringer.
• Civil Lawsuit: File under Section 55 of the Copyright Act, 1957 for damages.
• Criminal Action: Under Section 63, copyright infringement can lead to 3 years of imprisonment.

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Conclusion

To protect your music rights in Bollywood, always register copyrights, sign clear contracts, claim royalties, and enforce digital rights. If infringement occurs, take immediate legal action.