The music industry thrives on creativity, but it also faces constant legal challenges. Every melody, beat, and lyric can become a potential source of dispute if ownership rights are unclear. As a law student or aspiring entertainment lawyer, you must understand how copyright issues in the music industry are resolved — from ownership disputes to infringement claims and royalty battles.
Let’s explore how the Indian legal system addresses these conflicts and the mechanisms that help protect the creative interests of artists and producers.
What Is Copyright in the Music Industry?
Copyright is the legal right that protects the original creation of a song, composition, lyrics, or sound recording. It gives the creator control over how their work is used, distributed, and monetised.
Under the Copyright Act, 1957, musical works, sound recordings, and literary works (like lyrics) all enjoy protection. Once a song is recorded or written, the creator automatically gains copyright protection without the need for registration.
Types of Works Protected in Music
- Musical Work – The melody, tune, or composition.
- Literary Work – The lyrics or written words.
- Sound Recording – The recorded version of the song.
- Performance Rights – Rights of artists who perform the song live or in recordings.
Each of these may have different copyright owners, which often leads to confusion and conflict.
What Are the Common Copyright Disputes in the Music Industry?
Copyright conflicts can arise at any stage — from songwriting to distribution. Some of the most common disputes include:
- Ownership Disputes: When multiple contributors claim rights over the same song.
- Infringement Claims: When one artist alleges another copied their tune, lyrics, or recording.
- Royalty and Licensing Issues: When creators are not paid fairly for the commercial use of their work.
- Sampling Disputes: When parts of a song are reused without permission.
- Moral Rights Violations: When the original artist’s reputation is affected by modification or misuse of their work.
These disputes can involve not just artists, but also record labels, streaming platforms, and production houses.
How Are Copyright Disputes Usually Resolved in India?
India provides several legal and alternative methods to resolve copyright issues efficiently and fairly. Let’s break them down.
Negotiation and Settlement
Most music copyright disputes start with direct negotiation. Lawyers or agents representing both sides try to reach a settlement, often involving:
- Royalty payments or licensing fees
- Credit acknowledgements
- Withdrawal or modification of disputed content
This is the most cost-effective and quickest way to resolve disputes before they escalate.
Alternative Dispute Resolution (ADR)
When negotiation fails, ADR methods like mediation or arbitration are preferred.
- Mediation allows parties to discuss terms confidentially with a neutral mediator.
- Arbitration provides a binding decision by an arbitrator, often preferred in contracts between artists and record labels.
ADR is increasingly encouraged in creative industries because it avoids lengthy court battles and preserves professional relationships.
Copyright Board and IP Appellate Jurisdiction
Earlier, India had the Copyright Board, which resolved issues like royalty rates and ownership disputes. After legal reforms, its functions were transferred to the Intellectual Property Appellate Board (IPAB) and now to the High Courts, following the IPAB’s abolition.
Litigation Before Civil Courts
If out-of-court settlements fail, disputes can be taken to civil courts under:
- Section 55 of the Copyright Act (Civil Remedies)
- Section 63 (Criminal Penalties for Infringement)
Courts can grant injunctions, damages, and even order destruction of infringing copies.
What Remedies Are Available to Copyright Owners?
A copyright holder can seek several remedies depending on the nature of infringement.
Civil Remedies
- Permanent or Temporary Injunctions to stop further use of the infringing work.
- Damages or Account of Profits to recover financial loss.
- Delivery of Infringing Goods for destruction.
Criminal Remedies
Under Section 63 of the Copyright Act, infringement can lead to:
- Imprisonment (6 months to 3 years)
- Fine (₹50,000 to ₹2 lakh)
Administrative Remedies
The Copyright Office can intervene to cancel wrongful registrations or correct ownership details.
What Role Do Copyright Societies Play in the Music Industry?
Copyright societies are collective organisations that manage and protect the rights of artists, composers, and producers.
In India, the most notable ones include:
- IPRS (Indian Performing Right Society) – manages rights of composers and lyricists.
- PPL (Phonographic Performance Limited) – handles sound recording rights.
- ISRA (Indian Singers Rights Association) – represents vocal performers.
These societies:
- Collect and distribute royalties from broadcasters, event organisers, and streaming platforms.
- Issue licenses for use of copyrighted works.
- Monitor and prevent unauthorised use of music.
By joining a copyright society, creators ensure continuous protection and income from their work.
How Are International Music Copyright Disputes Handled?
Music has no borders, and with digital platforms, infringement often crosses countries. To handle this:
- India is part of the Berne Convention and TRIPS Agreement, ensuring protection across member nations.
- Foreign creators can enforce their rights in India and vice versa.
- Global streaming services must obtain local licences before offering music in India.
International disputes are often handled through cross-border agreements, arbitration, or treaty-based enforcement mechanisms.
What Are Some Famous Music Copyright Cases in India?
Ilayaraja vs. Agi Music Pvt. Ltd. (2019)
Renowned music composer Ilayaraja filed a case claiming his compositions were used without permission. The court recognised his rights, reinforcing the principle that a composer retains ownership unless rights are explicitly transferred.
Gramophone Company of India vs. Super Cassettes Industries (2011)
The Delhi High Court ruled that even if a recording company holds recording rights, the underlying composition and lyrics remain the property of the original creator.
Anu Malik and Plagiarism Allegations
Numerous instances involving popular composers have highlighted how copyright law helps curb unacknowledged copying of foreign or local tunes.
These cases underline the importance of legal clarity in contracts and licensing agreements in the music industry.
How Can You Prevent Copyright Disputes as a Music Professional?
If you aim to work in entertainment law or the music business, preventive legal drafting is key.
Here’s how you can avoid disputes:
- Draft clear contracts defining ownership, royalties, and usage rights.
- Register works with the Copyright Office for stronger protection.
- Use music licensing platforms before using samples or remixes.
- Maintain proof of creation such as dated recordings or digital files.
- Join a copyright society to ensure fair royalty management.
A proactive legal approach saves time, protects reputation, and ensures long-term career stability for artists and producers.
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