WHETHER LIVE CONCERTS AMOUNT TO COPYRIGHT INFRNGEMENT

AUTHOR – YUVRAJ GOGIA* & DR. NEHA**

* STUDENT AT AMITY LAW SCHOOL, NOIDA

** ASSISTANT PROFESSOR –I AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – YUVRAJ GOGIA & DR. NEHA, WHETHER LIVE CONCERTS AMOUNT TO COPYRIGHT INFRNGEMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 952-956, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This study delves into the nuanced intersection of copyright law and live music performances, particularly focusing on whether live concerts constitute copyright infringement. At its core, copyright law grants creators exclusive rights over the reproduction, performance, and distribution of their original works, including musical compositions and sound recordings. The paper explains that when performers render their own creations, no infringement arises. However, performing works owned by others requires obtaining licenses, typically facilitated by Performance Rights Organizations (PROs) such as the Indian Performing Right Society (IPRS). Venues often secure blanket licenses to allow a broad range of performances without breaching copyright law. Nevertheless, unlicensed performances—even in charitable or non-profit contexts—can lead to infringement claims.

The paper further explores the complex nature of copyright in sound recordings, which encompass multiple layers of ownership involving lyricists, composers, music directors, and producers. These intricate rights create challenges in enforcement and licensing, particularly with the advent of digital distribution, remix culture, and AI-generated music. Legal ambiguities also arise in fair use interpretation and international inconsistencies in performers’ rights.

Through analysis of recent case law, including IPRS v. ENIL and Novex Communications v. Hyatt, the paper underscores judicial recognition of the distinct rights held in sound recordings and the implications of their unauthorized public use. These cases reinforce the necessity of obtaining proper licenses for both live and recorded music to ensure compliance with copyright law. Ultimately, the study advocates for a balanced legal framework that safeguards creators’ rights while embracing technological and cultural evolution.