Question 1

Is sound recording copyright granted in India capable of being protected in other countries?

Accepted Answer

Yes. India is a signatory to the Berne Convention, which is a global agreement on reciprocal protection of copyrights in contracting countries. Thus, there is an automatic grant of protection if the work has been given protection under the domestic laws of one country, in the other country. There are 177 signatories to the convention; hence, chances are that your work’s copyright grant will be protected in a foreign country.

Question 2

What happens when a sound recording is a part of a cinematographic film?

Accepted Answer

The Copyright Act defines a cinematographic work to mean not just visual recording, but also sound recordings accompanying the film. Thus, soundtracks which are incorporated in a film are protected as part of the cinematographic film, and not as a sound recording.

Question 3

What happens to the individual right of a sound recording producer, in case the work is adapted as part of a film?

Accepted Answer

Despite the cinematographic film’s copyright, if the underlying works such as musical and sound recordings have independent copyright, it is not affected and the owner of copyright continues to exercise exclusive ownership over it. However, this can be varied through a contract between film producers and sound makers.

Question 4

What about the sound copyright in remix adaptations, reprise versions of old songs etc?

Accepted Answer

While there is no blanket prohibition on the adaptation of existing musical or sound recordings, the musical arranger will have to prove that in developing the music of a popular song by changing certain aspects, his work or arrangement is capable of being called an “original musical work”.

Question 5

Who owns the copyright to a sound recording?

Accepted Answer

The copyright to a sound recording is owned by the person or entity that created the recording. This is usually the producer of the recording, but it can also be the performer(s) or another person or entity that commissioned the recording.

Question 6

What should I put in sound recording copyright?

Accepted Answer

When registering the copyright to a sound recording in India, you must include the following information on Form XIV:

The title of the sound recording

The name of the author(s) of the sound recording

The date the sound recording was created

The name of the copyright claimant

The address of the copyright claimant

You must also attach two copies of the sound recording to the application form and pay the copyright registration fee.

Question 7

Is Audio copyright free?

Accepted Answer

Not all audio is copyright free. In general, any audio that is original and fixed in a tangible medium is protected by copyright. This means that you cannot reproduce, distribute, perform, or otherwise use the audio without the permission of the copyright owner. There are some exceptions to copyright protection, such as fair use and public domain works. Fair use allows you to use copyrighted material for limited purposes, such as criticism, commentary, news reporting, teaching, scholarship, or research. Public domain works are works whose copyright has expired or was never in effect.

Question 8

How can I use audio without a copyright claim?

Accepted Answer

There are a few ways to use audio without a copyright claim:

Use audio that is copyright free or in the public domain.

Get permission from the copyright owner to use the audio.

Use the audio under fair use.

If you are unsure whether you can use a particular audio recording, it is always best to err on the side of caution and get permission from the copyright owner.

Question 9

Is voice recording legal in India?

Accepted Answer

Yes, voice recording is legal in India. However, there are some restrictions on voice recording. For example, it is illegal to record someone's conversation without their consent if the conversation is private.

Question 10

What is sound recording copyright India?

Accepted Answer

Sound recording copyright in India is the exclusive right to reproduce, distribute, perform, and otherwise use a sound recording. The copyright to a sound recording subsists for the lifetime of the author plus 60 years.