Copyright Issues in the Indian Music Industry: Challenges and Remedies

Copyright Issues in the Indian Music Industry: Challenges and Remedies

ABSTRACT

The article talks about copyright problems in India’s music industry, like piracy, unfair royalties, and licensing issues. It suggests solutions like stricter laws, better technology, and educating artists. Real-life examples and cases are used to explain how to protect music creators’ rights.


INTRODUCTION

The Indian music industry has changed a lot from the past to now. In earlier times, problems were mostly about copying CDs or playing songs in public without permission. Now, with digital apps like Spotify and YouTube, problems like online song stealing and using songs without giving credit are common. Earlier, there were not many rules, but now there are better laws and tools to protect music. Still, there are many problems.

In the future, things can improve with new tools like blockchain and artificial intelligence to protect music. But there are also problems, like fast changes in technology and making laws work for everyone. These things will affect how music is protected later.

This article talks about copyright problems in the Indian music industry. It looks at these issues in India but also gives some examples from other countries to show how similar problems are handled.




LEGAL FRAMEWORK

Laws, Policies, and Acts

In India, the Copyright Act, 1957 is the main law that protects music creators like lyricists, composers, and singers. This law helps them stop others from copying or using their music without asking. It also makes sure they get royalties, which means money, when their work is used. If someone breaks this law, they can be fined or sent to jail.

India also follows some international rules like:

TRIPS Agreement: This helps Indian creators follow global copyright rules.

Berne Convention: It protects Indian music in other countries without extra paperwork.

WIPO Copyright Treaty: It focuses on stopping online song theft and piracy.


The Information Technology Act, 2000 also helps to stop online stealing of songs by punishing those who share music without permission.


CASE LAWS

1. Indian Performing Right Society Ltd. v. Eastern India Motion Pictures Association (1977)

This case was about whether composers and lyricists should get paid when their songs are used in movies. The court said yes, they should.

My View: This case made it clear that even small creators should earn from their work.

2. Super Cassettes Industries Ltd. v. Music Broadcast Pvt. Ltd. (2012)

FM radios were playing songs but not paying fair royalties. This case decided the correct way to calculate royalties.

My View: This case helped ensure fair payment for creators.

3. T-Series vs. YouTube Piracy Cases

T-Series found people uploading their songs illegally on YouTube. They used new technology to track and stop these acts.
My View: This shows how companies can use technology to fight piracy effectively
4. A&M Records, Inc. v. Napster, Inc. (2001) (USA)

Napster allowed free sharing of songs, and this case stopped them.

My View: This case gave an example of how to hold online platforms responsible for stealing music.


These cases show how music protection has improved over time. But new problems like online piracy and streaming platforms need better rules. Learning from these examples can help make stronger laws to protect music creators in India.

BENEFITS

In my view, the copyright laws in the Indian music industry bring several positive changes. First, they protect artists’ rights. When composers, singers, and lyricists know that their work is protected by law, they feel more confident to create. Copyright ensures that creators earn money from their songs through royalties. This means that even if their music is played on the radio or used in films, they get paid for it.

The rise of digital platforms like YouTube, Spotify, and Apple Music has also made music more accessible. Now, artists have more ways to share their music with a global audience. This has made it easier for independent artists to find success, even if they don’t have a big record label. For example, small-time musicians can upload their songs on YouTube, and if they are popular, they can earn money from views and ads.

Additionally, international agreements like the TRIPS Agreement and Berne Convention help Indian music creators protect their work globally. This is important as it ensures that their rights are recognized in other countries, making it easier for them to earn royalties from overseas markets.

CHALLENGES

However, the current system has its challenges. One major issue is piracy. Despite the laws, music is often shared illegally on websites and apps like Telegram, which deprives artists of their earnings. Piracy also hurts music labels and distributors, who spend money promoting songs.

Another big challenge is the royalty system. Many artists, especially independent ones, struggle to get their fair share of royalties. This is because the system can be complicated and opaque. In some cases, artists don't even know how to claim their dues. This leads to a situation where creators end up earning much less than they deserve.

Digital platforms also pose problems. While they give artists global reach, they sometimes fail to track streams accurately, leading to disputes over royalty payments. There are also cases where platforms like YouTube allow users to upload copyrighted music without permission, leading to copyright violations that are hard to resolve.

Finally, there is a lack of awareness among many artists about their copyright rights. Many musicians, especially in regional music scenes, don't know that they can claim royalties or take action if their music is used without permission. This ignorance makes them vulnerable to exploitation.

AUTHORS VIEW

Personal Views and Insights

In my opinion, the problems in the Indian music industry are serious but can be fixed. The copyright laws protect artists, but enforcing them is difficult. Piracy is a major issue, especially on digital platforms, and the laws need to keep up with new technology.

Many artists, especially independent ones, don’t know their rights and how to protect their work. I believe more education is needed to help them understand how to claim royalties or take action if their music is used without permission.

While digital platforms help artists reach a larger audience, they don’t always pay fairly. These platforms need better regulation. Technology like blockchain could help by tracking music usage and ensuring artists get paid.

In the end, solving these problems will need better laws, better enforcement, and more awareness for artists. I believe things can improve with effort from everyone in the music industry.

RECOMMENDATIONS

To solve the problems in the Indian music industry, I suggest these steps:

1. Update Copyright Laws: Change the Copyright Act to cover new issues like streaming and AI-generated music. This will protect artists better in today’s digital world.

2. Stop Piracy: Improve systems to catch and stop piracy, especially on digital platforms. Make the punishment for illegal music sharing stricter.

3. Make Licensing Easier: The process for getting permission to use music should be simpler. This will help artists get paid fairly when their music is played publicly.
4. Educate Artists: Teach artists about their rights and how to protect their music. Workshops and programs can help artists understand how to get royalties and take action if their music is misused.

5. Fair Payment for Artists: Digital platforms should be more open about how they pay royalties. Make sure artists get their fair share from music streaming.

6. Use Technology: Support the use of technology like blockchain to track music use and make sure artists get paid properly.

These steps will help protect artists, stop piracy, and make the music industry fairer for everyone.

CONCLUSION

From my perspective, the Indian music industry faces many issues, like piracy and unfair royalty payments, which make it difficult for artists to earn what they deserve. But, I believe that with the right changes, we can solve these problems. If the copyright laws are updated to reflect the changes in technology, it will give more protection to artists. Also, educating artists about their rights and making the licensing process easier can help them get paid fairly. Technology, like blockchain, can be a good way to track music usage and ensure artists receive their fair share. If we take these steps, the music industry will become fairer and better for everyone involved.


REFERENCE

• Srivastava, M. (2012). Music industry in India: Economic and Legal issues and challenges. Available at SSRN 2149853.
• Mehta, C. (2023). Digitalization of Copyright: Remedies on infringement. Issue 2 Int'l JL Mgmt. & Human., 6, 1041.
• Chakraborty, A. (2017). Copyright infringement in hindi and bengali film industry in India: A critical study of the role of indian law enforcement mechanism (Doctoral dissertation, University of North Bengal).
• Bhagyamma, G. (2023). Protecting Creative Works: Exploring Copyright Protection Under Indian Copyright Law. ILE International Law Review, 1(1), 56-70