ANALYSIS OF COPYRIGHT LAW IN MUSIC INDUSTRY

AUTHOR – SUKRITI, STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY PATNA, BIHAR

BEST CITATION – SUKRITI, ANALYSIS OF COPYRIGHT LAW IN MUSIC INDUSTRY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 244-256, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper provides a comprehensive overview of copyright in the music industry, examining its foundational principles, exclusive rights, ownership structures, and evolving challenges, particularly in the digital era. It establishes copyright, under the Indian Copyright Act, 1957, and global norms, as a crucial form of intellectual property protection for both the Musical Composition (melody and lyrics) and the Sound Recording (the actual performance). The exclusive rights conferred include reproduction, public performance, distribution, and the creation of derivative works, categorized into economic rights (for commercial exploitation) and inalienable moral rights (paternity and integrity).

The paper highlights the importance of copyright in protecting creators’ interests, providing economic incentives through licensing and royalties, and encouraging investment and cultural preservation. It details the rules of ownership and duration, noting that composition copyright lasts for the author’s life plus 60 years, while sound recording copyright lasts for 60 years from publication.

A significant focus is placed on licensing, which is essential for monetization and legal use. Key license types discussed include Reproduction, Public Performance, Mechanical, Synchronization (Sync), and Master Use licenses. The role of Licensing Agencies (like PROs) in administration, royalty collection, and granting blanket licenses is emphasized.

The paper addresses the Digital Era Challenges, including complex jurisdictional laws, revenue distribution disputes on streaming platforms, and the pervasive issue of piracy and unauthorized use in user-generated content (UGC). It also explores Infringement through landmark case laws, noting that “substantial similarity” is key, and outlines crucial Exceptions and Limitations, particularly the principle of Fair Dealing for criticism, research, and educational purposes. Finally, it examines the International Perspective, highlighting the harmonizing roles of WIPO and the Berne Convention, and discusses the contemporary challenges posed by Technology and AI, particularly regarding ownership and infringement in AI-generated music and sampling.

Keywords Copyright, Music Industry, Intellectual Property, Musical Composition, Sound Recording, Economic Rights, Moral Rights, Licensing, Royalties, Synchronization License, Public Performance Rights, Digital Era, Piracy, Infringement, Fair Use, Fair Dealing, WIPO, Berne Convention, AI-Generated Music.