யாருக்காக போராடுகிறார் இளையராஜா? Ilaiyaraja Copyright Issue Explained | Manjummel Boys | Coolie

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இதெல்லாம் தேவையா ராஜா சார்? Ilaiyaraja Copyright Issue Explained | Manjummel Boys | Coolie
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INDIAN LAW ON MUSICAL COPYRIGHT
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Indian law on musical copyright is governed by the Copyright Act, 1957, which has been amended several times to adapt to changes in technology and international standards. Here are the key aspects of Indian law on musical copyright:
1. Types of Works Protected:
- Musical works: This refers to the melody or harmony, written in the form of musical notation.
- Sound recordings: This includes recordings of songs or instrumental music.
2. Rights Granted:
- Economic Rights: These include the right to reproduce, distribute, perform publicly, broadcast, and adapt the work. The owner can also authorize others to exercise these rights.
- Moral Rights: These include the right to claim authorship of the work and the right to object to any derogatory treatment of the work that would harm the author's reputation.
3. Duration of Protection:
- For musical works, the copyright lasts for the lifetime of the author plus 60 years after their death.
- For sound recordings, the copyright lasts for 60 years from the year in which the recording was published.
4. Ownership and Transfer:
- Typically, the creator of the work is the initial owner of the copyright.
- Rights can be transferred through assignments, licenses, or inheritance. Assignments must be in writing and signed by the owner.
5. Infringement and Remedies:
- Infringement occurs when someone exercises the exclusive rights of the copyright owner without permission.
- Remedies for infringement include injunctions, damages, and accounts of profits. Criminal penalties may also apply, including fines and imprisonment for severe cases.
6. Collective Management Organizations (CMOs):
- Organizations like the Indian Performing Right Society (IPRS) manage rights on behalf of authors and composers, ensuring they receive royalties from the use of their works.
7. Fair Use and Exceptions:
- Certain uses of copyrighted works are allowed without permission, such as for private use, criticism, review, and reporting of current events. Specific exceptions also exist for educational purposes and public libraries.
8. Recent Developments and Digital Context:
- Amendments have been made to address digital rights management and online infringement. The 2012 amendment, for example, introduced provisions to protect against the circumvention of technological measures used to protect copyrighted works.
Indian copyright law aims to balance the rights of creators with public interest, fostering both creativity and access to cultural works.
FOR FILM MUSIC
----------------------
Indian film music falls under the broader scope of musical copyright in India but has specific nuances due to its unique nature in the film industry. Here are the key points regarding the copyright of Indian film music:
1. Nature of Film Music Rights
- Musical Work: This refers to the composition, which includes the melody and harmony.
- Lyrics: The words written to accompany the musical work.
- Sound Recording: The actual recording of the song as performed by artists.
2. Rights Holders
- Composer and Lyricist: Initially hold the copyright to the musical composition and lyrics.
- Film Producers: Usually, film producers acquire the rights to the music as part of the contract with composers and lyricists.
3. Assignments and Licensing
- In most cases, composers and lyricists assign their rights to the producer through contracts. This assignment is often comprehensive, covering all forms of usage including synchronization in the film, public performance, broadcasting, and digital distribution.
- The assignment must be in writing, specifying the rights being transferred and the duration of the assignment.
4. Economic Rights and Royalty Sharing
- Recent amendments to the Indian Copyright Act, particularly the 2012 Amendment, have strengthened the rights of composers and lyricists, ensuring they receive royalties for the exploitation of their works beyond the film's use. This includes broadcasting, live performances, and digital streaming.
- Producers must now share royalties with composers and lyricists, even after the rights have been assigned.
5. Performing Rights
- Organizations like the Indian Performing Right Society (IPRS) manage performing rights for composers, lyricists, and publishers. They ensure that royalties are collected and distributed when music is played publicly or broadcasted.
6. Infringement and Enforcement
- Unauthorized use of film music, such as reproducing songs without permission, remixing without rights, or using music in commercials without a license, constitutes infringement.
- Remedies include injunctions, damages, and criminal penalties. Enforcement can be pursued through legal action.
7. Fair Use and Exceptions
- Fair use provisions apply to film music as well. For instance, using short clips for criticism, review, or reporting is generally permissible.
- Educational and non-commercial use may also fall under exceptions, though the specifics can be complex and often require legal interpretation.
8. Digital and Online Rights
- With the rise of digital platforms, the exploitation of film music has expanded significantly. Digital rights management (DRM) and anti-piracy measures are crucial in protecting film music in the digital age.
- Streaming services, online radio, and digital downloads all require proper licensing and adherence to copyright laws.
Summary
Indian film music copyright involves multiple stakeholders, including composers, lyricists, and producers, with rights typically assigned to producers. Recent legal amendments have bolstered royalty rights for original creators, ensuring they benefit from all forms of music exploitation. The legal framework aims to protect the interests of creators while allowing producers to effectively commercialize film music.
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Share the above to all ignorant people to have some knowledge on Musical Copyrights, but not required to people with some kind of agenda.