In India, especially in the south and Tamil regions, the music scene is deeply connected to the film industry, unlike in the West. This connection has allowed many artists to shift from indie music to film soundtracks, but it also raises important questions about music ownership and the legal issues surrounding it. Veteran composer Ilaiyaraaja is still fighting legal battles over the rights to his own music, highlighting the crucial need to understand copyright laws.

In a chat with OTTplay, lawyer Bharath dives into the complexities of intellectual property rights in the music industry. His firm, Kria Law, recently teamed up with the International Trademark Association for a panel discussion that covered various topics, including the rights of independent artists, music copyright, and the impact of AI.

Check out these snippets from the chat:

It's important for both artists and the public to understand copyright issues in music. Why do you think that awareness is essential?

Let’s look at a different scenario. When you’re buying a piece of land, you usually check who owns it, get some legal advice, and verify the title with the registrar before you put your money down. Now, when it comes to copyright law, things get a bit tricky. You have the author and the owner, and sometimes they can be the same person. The author is the one who puts in the hard work to create something, and figuring out who that is isn’t too hard. For example, if I’m hiring someone to create a jingle for my business, there will be a singer, a composer, instrumentalists, and a lyricist involved. Each of these roles is filled by different people, and they all record their parts. The person overseeing the production owns the jingle, while the creators hold the performance rights. Imagine a scenario with a composer like Ilaiyaaraja or Rahman, singers like SPB, a lyricist like Vaali, and an instrumentalist like Sivamani on drums. All of this is funded by the person who commissioned the jingle, and sometimes the producer might even get financial backing from someone else.

Is there a distinction between authors and owners in the music world?

Absolutely! Authors play a key role in creating music, including lyricists, singers, instrumentalists, and composers.

What are the different levels of music copyright laws?

Sound recording happens on a specific day, whether it's for a CD or MP3, capturing a particular note, sound, or lyrics. While the same musical notes can be played live on stage, that's not considered sound recording; it's just a live performance of those notes and lyrics. The sound recordings made in a studio are what get monetized on platforms like Spotify and YouTube.

Even if the same group of people performs the same musical notes or lyrics, it doesn't count as using the sound recording. The owner can license the sound recording to different parties, like for background music in ads or for karaoke versions. However, the original work of the vocalists, musicians, and lyricists involves separate royalties that need to be paid each time the sound recording is played. If a live performance occurs without the recorded track, it only involves the composer’s musical notations and the writer's lyrics. In that case, the royalties go to them, not the producer or singers, since their contributions aren't part of the performance.

Can a composer use elements from another producer's work?

It's all about the contract and how artists come to an agreement. If a composer has enough clout to persuade producer 1 to keep the usage rights, they can totally do that. There can be exceptions if the contract allows for it, which is why younger musicians and directors often earn more than their older counterparts who are stuck in legal battles. Ultimately, it boils down to the deals made between individuals and companies. The key takeaway is that artists and composers need to know what they're signing. If you're a powerful composer, you can stand your ground and demand rights to your compositions. Nothing is set in stone, but a common pitfall is when movie producers sell the same rights to multiple people.

What’s the deal with copyright when it comes to using regional folk music and songs?

Copyright law says that once an artist passes away, their work enters the public domain 60 years later. Folk music and traditional songs have been around forever and are already in the public domain, so anyone can use them. You can also draw from religious texts like the Bible, and works by Mahatma Gandhi are now available for everyone to enjoy.

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