Music is an art which comes from the soul to heal the body. And for every musician, their original music is like a piece of their own soul disguised in note sheets, compositions, sound records etc. and the foremost duty of a person is to protect his/her soul, that is why we have laws and rights. Similarly, copyright protection laws play a very significant role in every musician’s life.
Today, we have so many budding indie artists, singer/songwriters who are producing and composing their originals, and are aiming to release their tracks by raising funds, doing shows, part time jobs etc. In this hustle bustle, the scariest nightmare for any musician would be to see their dream project being copied and not been given the due credit.
The rights of authors and creators to own all the creative intangible work which may include art, music, poetry, education, lyrics etc. come under the ambit of intellectual property. A copyright protection gives you the right to preserve it exclusively. Just like any other property rights, intellectual property rights guarantee complete possession of the artistic creation or intellectual discovery of its owner.
Music industry is very vivid outside yet complicated to its core, creating a song can range from one mind, two hands to hundreds of crew musicians including lyricists, composers, producers and performers nationwide or worldwide. Therefore in order to protect the song, it is very important to protect each and everyone involved in making of that song.
· The lyrics of the song can be protected as a literary work, where the lyricist will be the owner of the copyright.
· The music of the song can be protected as a musical work, where the composer will be the owner of the copyright.
· The recording of the song can be protected as a sound recorded work, where the producer/Mixmaster is the owner of the copyright.
· The singer of the song can be protected under performer’s right and morality rights.
· Clear display of copyright notice is of utmost significance to a musician. A simple copyright notice should be put by musicians on their creations. Such a notice looks somewhat like this “Surpreet Kaur (c) 2020. All Rights Reserved”.
Music cannot be learnt to perfection, it’s about how an artist or a musician interprets it, it’s a language which has different expressions ranging from different persons and emotions. Therefore, there can be a similar language of music but the emotion will always be different. We are all living in miraculous times where connecting with people has become the only means by which your voice can be heard, and everyone in this fight of being heard is aiming to become a global voice. In times of conflict and despair, it is very important to stay true to yourself and to the work you’ve been creating.
Copyright comes into play when the language and the emotion of the song are similar to an extent that it becomes difficult to distinguish. Unprotected works may be exploited very easily and adverse to the original creator. This might lead to high pecuniary losses along with the loss of intellectual property. Thus, it is advisable to seek professional legal advice and assistance on such matters to ensure compliance with the laws and protection of original work. Copyright protection also provides that little space of isolation from all the ongoing quarrels. It helps the lyricists, the performers and the whole community of musicians in numerous ways. Even though it is not necessary to obtain a certificate of registration for Copyright, however, the registration and the entries made therein serve as Prima facie evidence in court of law in case of dispute of ownership.
In the contemporary world, everyone is preoccupied with so much pressure of work, family, social issues, and peer groups that it has become very important to explore a creative side of you in order to have an overall growth. Considering the present scenario, it is very important to be aware of the concept of copyrights, filing and registration of them, dealing with infringements and defending the Copyright. Prodigy legal has a network of best copyright legal professionals to help you with all the procedural and substantive work across the globe. We believe that protecting your creation is as important as creating it.
About the Authors
Isha Kapoor, is a young lawyer with a passion for IPR and international trademark disputes.
Surpreet kaur, a young legal enthusiast and a musician, who has deep interest in Intellectual Property Rights and other important legal spheres, has authored this article. She is a first year legal intern at Prodigy Legal and is currently assisting on different topics with our professionals.