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Who Owns The Rights in a Song: Evolving Trends in Music Copyright in India

Abstract

It is trite to say that copyright is a bundle of rights. This truism is best demonstrated when a song is played on the radio or performed as part of a cinematograph film. Under the Copyright Act in India, copyright attaches to original literary, musical, artistic and dramatic works; sound recordings and cinematograph films. The creation of a song at the most basic involves the intermeshing of lyrics and musical composition (literary and musical copyrights) to supplement a singer's performance, all these elements reduced to permanent form by way of their confluence in a sound recording or a cinematograph film. When played on the radio or performed as part of the film, the song brings into play a blend of these underlying rights as one final ensemble.

Authors

Portrait image of Rajendra Kumar
Rajendra Kumar
Founding Partner RKR & Partners, RKR & Partners, India

Rajendra Kumar is founder of the IP law firm, RKR & Partners. He has been practicing intellectual property laws for the past almost 40 years, of which the last 29 years as a co-founding member of the IP law firm, K&S Partners where he chaired the litigation practice of the firm relating to trademarks, copyrights and geographical indication disputes. He holds a PG diploma in UK, US and European Laws of Copyrights and Related Rights from Kings College, London, United Kingdom. RKR & Partners is a new IP Venture of Rajendra Kumar. The new venture continues his journey as an IP lawyer- a journey that goes back almost four decades to 1984.

Portrait image of Amit Sindhwani
Amit Sindhwani
Head of IPR, Usha International, India

Amit Sindhwani is a Law graduate from the University of Delhi. At present, he is working as HEAD (IPR) with the Usha International Ltd. owning the well-known and reputed brands like USHA

Companies

RKR & Partners logo

RKR & Partners

RKR & Partners is a new IP Venture of Rajendra Kumar. The new venture continues his journey as an IP lawyer- a journey that goes back almost four decades to 1984.

Usha International logo

Usha International

Usha International Ltd. today amongst India most dynamic and reputed business houses. .

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