Impact Of Compulsory Licensing On Music Rights Under Copyright Law

India is a huge nation with a diverse range of cultures. People in India practice a wide range of traditions, cultures, and religions. Indian culture has historically placed a high value on music. From the ancient age until the modern era, which we typically connect with film music, music in India may be tracked. India is known for its rich folk and classical music traditions and music is a significant part of Indian culture. Compulsory licensing is, therefore, necessary to protect the rights of creators of such wonderful works of music from being exploited by the music industry and to permit the use of their work by third parties without infringing on their rights.

This article begins by defining and describing the various types of licensing under copyright law. Also, it discusses the significance of requiring a license for a work protected by copyright. The "effect of compulsory licensing on musical rights" is the main subject of this essay.

MEANING OF LICENSING UNDER COPYRIGHT LAW

According to the "World Intellectual Property Organization," licensing is a crucial component of intellectual property. A licensing agreement is a partnership between the holder of intellectual property rights (referred to as the licensor) and the person who has permission to use those rights (referred to as the licensee), in exchange for a predetermined sum of money (referred to as a royalty).

TYPES OF LICENSING:

• "The owner of the copyright in any existing work or the potential owner of the copyright in any future work may give any interest in the right by license in writing signed by him or by a fully authorized agent," states Section 30 of the Indian Copyright Act, 1957 (hereafter ICA, 1957).
• Section 31 of the ICA, 1957, which governs compulsory licensing, defines compulsory licensing. This idea for a statutory license gives total permission to carry out an action without the copyright holder's consent. The licensing of copyrighted works that have been kept secret from the general public or public officials is required by Section 31.

COMPULSORY LICENSING UNDER COPYRIGHTED WORK:

By permitting another person to make use of the approved person's work without violating their rights, compulsory licensing safeguards ownership rights. "Section 31(1) of the ICA, 1957, which permits the compulsory licensing of Indian works, gives the copyright board jurisdiction. After the work has been published under certain acceptable conditions, the copyright board may give the registrar of copyright instructions on how to grant a license for that specific subject for the payment of compensation to the holder of the copyright.

Case Law:

In the famous case of Entertainment Network (India) Ltd. v. Super Cassette Industries Ltd. (2004), despite the fact that radio Mirchi was playing music, Super Cassette disputed ownership of the recordings. It also moved for an ongoing injunction at about the same time. While the litigation was still pending, the FM broadcasters also requested forced licensing under the copyright rules.

The issue seemed to be whether it was possible to grant a compulsory license at this time. The court ruled that compulsory licensing could only be granted when public availability is denied, and since Radio Mirchi's license had already been approved by the AIR and Radio City in this case, it was a copyright violation.

IMPACT OF COMPULSORY LICENSING ON MUSICAL RIGHTS:

Music Licensing:

"It is the permitted use of music protected by copyright in public performances. A license is obtained from the music composer before each broadcast of the song. Owners of copyrighted works have total authority over how their creations are replicated, shared, and altered. This involves the owner of the copyrighted work having the option of accepting or rejecting the use. This implies that any music that is aired must obtain a license and pay the applicable fees.

Significance of Music Licensing:

The phrase "music license" describes the "protection and permission for the original work" granted by the song's owner. It creates a legal contract that binds the musician and the person who wants to use the song.

The benefit of licensing music is that if a song is included in a movie or album, the musician can use the opportunity to promote his work and get exposure. The popularity of the song will inevitably increase, as well as listeners' demand for it. Due to its popularity, the creators of TV shows, commercials, or movies will approach the artist to use the song, which will be advantageous for the owner of the music.

Copyright of music works:

The benefit of licensing music is that if a song is included in a movie or album, the musician can use the opportunity to promote his work and get exposure. The popularity of the song will inevitably increase, as well as listeners' demand for it. Due to its popularity, the creators of TV shows, commercials, or movies will approach the artist to use the song, which will be advantageous for the owner of the music.

As dynamism has increased, the music industry has developed to keep up with societal changes. One of the largest changes has been the addition of "remix." In a remix, the beats from the original song are changed. It's also possible that some of the lyrics from the original composition were changed or eliminated. It should belong to the creator of the new creation, not the composer of the earlier piece. It should enjoy the same level of protection and rights as other works of art.

The Copyright (Amendment) Act, 2012's Section 51, on the other hand, states that "Any individual who conducts an act that infringes the original owner's copyright without first obtaining a license from the original owner is accused of the violation."

It was noted in Gramophone Co v. Super Cassettes (1998) that "getting the original owner of the musical work's consent is crucial." The court held that in order to make a recording in accordance with Section 52(1)(j) of the ICA, 1957, and avoid being considered to have violated the law, the plaintiff's consent and approval were required. The "GANAPATI AARTI ASHTHAVINAYAK GEETE" audio recording was produced in response.

the defendant The plaintiffs expressed their disapproval of the usage of the musical piece by refusing to comply and returning the cheque. The accused nonetheless created their audio recordings. Therefore, if it is carried out without the original work's owner's consent, it is illegal.

CONCLUSION:

There has been a major evolution in the arts field. It has long been customary to transform a novel into something fresh. When it is difficult to tell what is original and what is modified, a problem arises. As a result, many issues related to copyright infringement have emerged. The copyright protection "for every original work of the author is life plus 60 years after his or her death," as stated in Section 22 of the ICA, 1957.

Despite the criticism of the compulsory license from the music industry, it can be said that even though the amendment still has some flaws, the long-term advantages of the amendment are clear because it not only incorporates sections 65A and 65B of the ICA, 1957, which provide safety and security from copyright violations in the digital world but also protects the rights of lyricists and composers by imposing licensing fees.