Copyrights

Is Registering A Song The Same As Copyright?

To know more about registering a song the same as copyright, then you are at the right place.

Is Registering A Song The Same As Copyright?

Music is an art form that can be seen and felt. Putting a copyright on a song can protect the rights of the person who made it and help them make money. In this short article, we’ll learn about music copyrights in India. Find out how to register music for copyright and what happens if someone breaks the rules. Copyright usually belongs to the person who did the work. For example, Mr. Ilayaraja recently said that anyone who wants to use his music anywhere needs to ask him first. For instance, if they’re going to use his music in a movie, he has to give permission. This means that he has to offer his consent. Even though they are brilliant, film artists and musicians can’t make as much money as actors and other people in the film industry. Getting copyright gives them rights over their music.

Rights of the Song

A song is not thought of as a single work. The Copyright Act public performance breaks a song into different parts. Each part’s owner can get a copyright for their role in the song. If one person wrote, composed, and sang the song, he can take credit for the whole thing. The people who helped make a song and who own the rights to it are as follows:

Lyricist

The Act says in Section 2(d)(i) that the author of a literary work is the person who wrote it. The lyricist is the person who registers the words to a song. The lyricist writes the music, and the Act classifies it as a literary work. So, he can get the rights to the song’s lyrics since he wrote them.

Composer

According to Section 2(d)(ii) of the Act, the composer is the author of a musical work. According to Section 2(p) of the Act, a musical work is a work that has music and includes graphical notation but does not include any words or actions meant to be sung, or performed with the music. So, musical work is giving the words of song music. The person who writes the music for a song is called the song’s composer. This person is also the song’s author. He can get the right to use the music in the background of a song.

Singer

The performer is defined in Section 2(qq) of the Act, which includes a singer of the song. When a singer performs a song, they have the performer’s right to that performance. He is allowed to record the sound of his performance, make copies of it, or give them out on an electronic medium. He is allowed to sell copies or recordings that he made. He has the right to keep other people from taking his copies or recordings. But his performer’s right won’t change the rights of the song’s author, who wrote the lyrics and music.

Producer

The person who makes the sound recording is the author of that sound recording, according to Section 2(d)(v) of the Act. Section 2(uu) says that the person who takes the lead and is responsible for doing the work is the producer of a sound recording. Since the producer of a movie or album is in charge of recording a song and putting it in the film or album, he is the song’s author. So he can get the rights to record the song and sell it.

Copyright Term

Copyright for written and musical works lasts sixty years from publication or for the author’s living period and sixty years after his death, whichever comes first. So, the rights to the song belong to the person who wrote the lyrics and the person who wrote the music until they die, plus sixty years. Copyright objection for a sound recording lasts for sixty years from the beginning of the year that comes after the year it was released. Therefore, starting from the year of its publication, the producers of the music piece will own the rights to the work with the same for a full sixty years. Performer’s rights or the singer’s rights to a song will last for fifty years, beginning the year after the next time the song is performed.

How to Get Registered

The Copyright Rules describe how copyright can be registered. Form XIV is the application that needs to be filled out and sent to the Registrar of Copyrights (“Registrar”) along with the fee. The applicant needs to sign Form XIV. If the owner wants copyright, he needs to file the No Objection Certificate (NOC) signed by the other authors, such as the lyricist, composer, or producer, if there were any. The application can be sent by mail to the Registrar or online on the Government of India’s copyright website.The person who wants the copyright should tell everyone who says they are interested in the copyright subject. When the Registrar is sure that the information in the application is correct and no one objects within 30 days of the application being filed, he will note the copyright in his Register.If he isn’t happy with how correct the information in the application is, he will do an investigation. The Registrar can decide whether or not to accept the application based on the inquiry and after giving the applicant a chance to be heard.

When the Registrar gets a complaint about the application, he gives the parties a chance to hear about it. After he has asked questions and talked to both sides, he may write down the details in his Register. When the Registrar signs the copy of the entry of the copyright in his Register, the registration is done.

Penalties for Breaking the Rules

Copyright infringement is a crime. This means someone is using someone else’s work or doing something against their rights. The accused could go to jail for up to three years and have to pay a fine of up to two lakh rupees.There is no need to sign up. But if a problem arises in court, copyright registration is the best proof for the owner. So they won’t have to fight to show that their rights were violated while also trying to show that they were broken.

Conclusion

Vakilsearch experts can be of great help when it comes to registering and copyright in sound recording of the music. The experts here are very helpful and make sure to be there for clients whenever possible.

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