Music creators, like any other artists, invest their time, effort, and creativity in creating original works. These works can be in the form of lyrics, melodies, and literary and musical works related to music. Intellectual property rights protect these works, allowing creators to reap the benefits of their creative endeavours. Music Copyright Societies like IPRS which represents the authors, composers, and publishers of music, help to protect their intellectual property rights.
Copyright is the most crucial form of intellectual property protection for music creators. Copyright law gives music creators and publishers the exclusive right to control the use of their music, including the right to perform, reproduce, distribute, and create derivative works of their music. This means that no one can use, copy, or distribute their music without their permission. This protection allows creators to monetize their creativity by ensuring that they are fairly compensated for the use of their works. Without these rights, music creators would have little control over their music and would be unable to earn a living from their creative efforts.
Intellectual property rights also provide an incentive for creativity. When creators know that their work is protected, they are more likely to invest time and resources in creating new works. This leads to a flourishing music industry and a diverse range of music for consumers to enjoy.
Unfortunately, piracy and copyright infringement remain major issues for music creators. Illegal downloading, file-sharing, streaming without permission, and non-compliance with music licensing norms can have a significant impact on the income of music creators. This not only affects their ability to earn a living but can also discourage them from creating new work.
Copyright also allows music creators and the rightful owners of music to license their work for use across various platforms and media, and generate royalties for such commercial utilisation. This creates new revenue streams for music creators and helps them to reach wider audiences. Copyright protection is crucial not just for established music creators but also for up-and-coming artists. Without copyright protection, emerging artists may struggle to get their work noticed and earn their due recognition and rewards. Copyright protection also promotes creativity and innovation. When music creators know that their work is protected, they are more likely to invest in new projects and take risks that can lead to new and exciting music.
In addition to copyright protection, music creators can also protect their intellectual property through trademarks, patents, and trade secrets. These forms of protection can help music creators to protect their brand and unique sound, as well as any inventions or innovations they may create. Overall, intellectual property rights are critical for music creators to earn a living, protect their work, and promote creativity and innovation in the music industry.
In India, the copyright law for music is governed by the Copyright Act of 1957, which has been amended several times to keep up with changing technology and practices. The Copyright Act protects musical works, lyrics, and sound recordings, among other creative works, and grants exclusive rights to the owners of these works. In 2012, the Copyright Act in India was amended to strengthen the protection of an author’s inalienable right to royalty. The amendment states that even if an author assigns or licenses their copyright to another entity, they are still entitled to receive royalty payments for the use of their work.
In a music-rich nation like India, music copyright societies like the Indian Performing Rights Society (IPRS) play a crucial role in protecting the rights of music creators and forming an effective bridge between the music creator and the music user. IPRS is responsible for collecting royalties on behalf of its members, who are composers, authors, and music publishers. These royalties are generated from various sources, including live performances, public places, commercial outlets, music streaming platforms, DSPs, radio, telecom, and television broadcasts. IPRS ensures that the royalties collected are distributed to its members transparently and equitably, based on the usage of their music.
In addition to collecting and distributing royalties, IPRS plays an important role in monitoring the usage of music and ensuring that proper licenses are obtained for its use. IPRS helps music users legally play music, thus preventing copyright infringement and ensuring that creators are duly compensated for their work. In a nutshell, music copyright societies like IPRS are essential in promoting the growth and development of the music industry by protecting the rights of music creators and encouraging a fair music ecosystem.
The term of copyright protection for musical works in India is the lifetime of the creator plus 60 years after the death of the last creator. For sound recordings, the term is 60 years from the year in which the recording was first published. While registration is not mandatory to obtain copyright protection in India, music creators may register their works with the Copyright office. This can help them prove ownership and protect their rights in case of infringement. Authors, composers, and publishers are also required to register their correct and complete work details with IPRS so that IPRS can collect and pay the royalties to the rightful owner of the songs.
Though we have a strong copyright act in place, India faces major challenges in enforcing copyright law, particularly concerning online piracy and unauthorized use of music. There is a general lack of awareness among the public about copyright laws and the need to respect intellectual property rights. This leads to a culture of utilizing copyrighted materials without permission and payment. With the growth of the internet and digital technology, copyright infringement has become easier than ever. This has made it difficult for copyright holders to monitor and control the distribution of their works. India’s copyright laws have some provisions for fair use, which allows for the use of copyrighted material for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. However, there is a lack of clarity about what constitutes fair use, which leads to confusion and disputes.
Creating music requires a significant investment of time, money, and talent. Music is a form of intellectual property, and just like any other form of property, it should be protected and valued. When someone listens to music without paying for it, they are essentially stealing from the music creator who created it.
The IPRS encourages fair pay and play of music by ensuring that businesses and individuals who use music for commercial purposes obtain the necessary licenses. By paying for music, we acknowledge the effort, creativity, and talent of those who create it while promoting talent and encouraging creativity.
We all must do our part in supporting the creators and rightful owners of the music. When someone uses music legally, they are paying for the right to use it and contributing to the fair compensation of the creators of that music. This, in turn, supports the continued creation of new music and sustains the music industry at large.
As a nation, we must take more proactive measures to uphold our copyright laws and have them enforced effectively. We seek help from the administration and government in this matter to protect the rights of copyright holders through proper enforcement of the law and help promote innovation and creativity.
As a Music Copyright Society representing over 10,000 leading creators and music publishers, IPRS works to promote and protect the intellectual property rights of music makers, through education, advocacy, and legal action. By supporting music creators and promoting the importance of intellectual property rights, IPRS helps to ensure that the music industry in India remains vibrant and creative and that music creators and publishers get the best returns from the music they make.
The author of this article is IPRS CEO Rakesh Nigam.
