Writers are the first copyright owners of lyrics; Music Composers the first copyright owners of musical compositions; and Producers or Record Labels the first copyright owners of recorded music created from performance of lyrics and music. Moreover, Singers and Musicians hold rights to control/permit recording and broadcasting of their performances. Recorded music cannot be made without permission of lyricists, composers, singers and musicians, and Record Labels while getting their permission to make recordings normally acquire their copyrights.
Under the Indian copyright law, lyricists, music composers, singers and musicians are given the right to get a share of royalty from the money made from their music by Record Labels and Film Producers. This royalty cannot be taken away from them, and their right to receive royalty extends to all forms of licensing and commercial utilisation of their music except as part of a movie in a theatre. Simply put, they hold the right to receive royalty share in all commercial/financial benefits received by Record Labels and Film Producers from radio, television, internet, events, restaurants, vehicles, ecommerce, mobile, and so on. Their right to royalty share extends to use of lyrics and musical compositions in performances, publications, sound recordings, films, and so on.
Efficient and effective sharing of royalty requires well planned collection, management and distribution of royalty by lyricists, music composers, singers, musicians, record labels and film producers.
This session provides an overview of the law and systems that may be followed for effective royalty management for the benefit of all stakeholders.
Some questions that will be addressed during the session:
1. Who owns the lyrics, musical compositions and recorded music?
2. Do I have the right to demand royalty from Record Labels and Film Producers?
3. What are royalty sharing obligations of Record Labels and Film Producers?
4. How can I claim my royalty share from my lyrics, musical compositions and performances?
5. How does the interplay between different music rights work?
6. How can I register my copyrights in my lyrics, musical compositions and recordings?
7. How can I take down infringing content online?
8. What are copyright societies and how do they operate? Do I need to take their membership?
9. How can I establish a royalty sharing and management system?
10. What are various means/modes of licensing, and how can I track licenses to claim my royalty share?
11. Can I own rights over recordings of traditional lyrics and compositions?
12. Who owns rights over dance music?
13. How do copyrights help classical music performers?
14. How can music bands protect their copyrights?
15. When can you use music without permission? When is use of music fair use/dealing?
The session will be led by leading and experienced music law attorneys at BananaIP Counsels.
Dr. Kalyan C. Kankanala (more info)
Sanjeeth Hegde (more info)
Ashwini Arun (more info)
Note: This session is meant for lyricists, music composers, performers, record labels, film producers, and other entertainment companies. It is not for lawyers, advocates, advisors or consultants.