India’s music industry in India, like elsewhere, is evolving rapidly, driven by digital platforms, changing consumer behaviors, and increased access to streaming services. However, even as the industry grows, artists especially emerging musicians—face numerous challenges related to ownership, compensation, and protection of their creative work. Copyright, trademarks, and intellectual property laws form the bedrock of artist protection, but with the changing landscape, questions arise: Are these existing laws enough? Or should new laws be introduce to better protect music artists in India?
The Importance of Intellectual Property Rights for Music Artists
In the music business, intellectual property (IP) rights are safeguards for protecting artists’ creations and ensuring they are fairly compensate. The two main forms of protection that artists need to be aware of are copyright and trademark.
1. Copyright Protection for Music Artists
Copyright is a legal right granting to creators of original works. Including music compositions, lyrics, recordings, and performances. Copyright ensures that the creator has exclusive rights to reproduce, distribute, perform, and license their work. In India, the Copyright Act, 1957 governs these protections. For music artists, copyright extends to two key areas:
- Musical Composition: The music, notes, and melodies created by composers.
- Sound Recording: The actual recording of a song or performance.
Copyright gives artists control over how their work is use. Whether it’s playing on the radio, streamed online, or performed live. However, while copyright laws are designed to protect artists. They often face challenges when dealing with large corporations, music labels, and digital platforms.
Example:
In the Indian context, the song “Kolaveri Di” by Dhanush became an internet sensation in 2011. While the song brought massive popularity, many question. Whether the artists involve were adequately compensating for the song’s widespread use. The raising concerns about how revenue is share between artists, music labels, and streaming platforms.
2. Trademark Protection in the Music Industry
While copyright protects the creative content itself, trademark protection is essential for artists to safeguard their brand identity. A trademark Registration is a recognizable sign, design, or expression associated with a brand. For music artists, their stage name, band name, or even a logo. Can be trademarked to prevent others from using it without permission.
By trademarking their name, logo, or album art, artists can protect their identity and ensure that no one else benefits from their reputation. In India, the Trademarks Act, 1999 governs the registration and protection of trademarks.
Example:
Indian rapper Badshah is not only known for his music but also for his brand name. By securing a trademark for his stage name, he ensures that no one else can release music or merchandise under the same name. This protects his identity and brand, allowing him to capitalize on his popularity through endorsements, merchandise, and licensing deals.
3. The Combination of Copyright and Trademark for Maximum Protection
For music artists, using both copyright and trademark protections in combination can offer a robust defense against misuse and exploitation. Copyright safeguards their music, while trademarks protect their brand identity. This combination allows artists to control both the creative and commercial aspects of their careers.
Example:
The internationally renowned artist A. R. Rahman is a prime example of someone who has leveraged both copyright and trademark protections. Rahman holds the copyright to his musical compositions while also securing trademarks for his name and logo. This dual protection ensures that his creative works and brand identity are safe from unauthorized use, allowing him to maintain control over his artistic output and commercial ventures.
Challenges Faced by Music Artists in India
Despite the protections offered by copyright and trademark registration laws, artists in India face significant challenges, many of which stem from outdated legal frameworks and imbalances of power within the industry. Some of the key issues include:
1. Unfair Contracts
One of the biggest issues that Indian music artists face is the exploitation of their rights through unfair contracts. In many cases, artists sign contracts with recording labels. That transfer ownership of their creations to the labels. Leaving the artists with little control over how their music is used. These contracts often have clauses that grant labels the copyright to an artist’s music in exchange for a lump-sum payment, preventing artists from earning future royalties.
Example:
Legendary Bollywood singer Kishore Kumar famously had a dispute with music label HMV over contractual terms. Even though his songs became incredibly popular, Kishore Kumar had little control over. How his recordings were used commercially because of the terms he agreed to early in his career.
2. Digital Royalties and Streaming Platforms
The shift to digital platforms such as Spotify, Gaana, Apple Music, and YouTube has revolutionized music consumption. However, digital royalties from these platforms are often meager, especially for independent artists. Streaming platforms typically pay very little per stream, and much of the revenue goes to record labels rather than the artists themselves.
Example:
In 2020, Indian classical singer TM Krishna criticized streaming platforms for their opaque royalty structures, which leave many artists earning far less than they deserve for their work. Despite millions of streams, many artists find it difficult to make a sustainable income from digital platforms alone.
3. Piracy and Unauthorized Use
Piracy remains a significant issue in India’s music industry, with countless songs and albums being distribute illegally through various online platforms. While copyright laws exist to prevent piracy, enforcement is often lax, leaving artists vulnerable to lost revenue.
Example:
The album of popular singer Arijit Singh was leaked online before its official release, causing significant financial loss to both the artist and the label. Piracy not only impacts revenue but also diminishes the value of legal music platforms.
Should New Laws Be Introduced to Protect Music Artists in India?
Given the challenges outlined above, there is a growing consensus that new laws and legal reforms are necessary to protect music artists in India. While current laws like the Copyright Act and Trademarks Act provide some level of protection, they are not sufficient to address the evolving issues in the digital age.
1. Strengthening Royalty Rights
One of the biggest gaps in the existing legal framework is the unfair distribution of royalties, particularly from digital streams. A new law could mandate that a minimum percentage of digital streaming revenue be allocate directly to the artists, rather than going mostly to record labels and platforms.
Suggested Law:
Introduce legislation that mandates a 50% royalty share for music artists from all digital streams. Ensuring that creators are fairly compensate for their work.
2. Mandatory Contract Transparency
New laws should be introducing to make sure that contracts between artists and music labels are transparent and fair. Artists should have a clear understanding of how their rights will be affected. There should be legal limits on how much control a label can take over an artist’s work.
Suggested Law:
Create a law that requires all music contracts to undergo a fairness review before they are enforceable. Contracts that are deemed exploitative could be voided, ensuring better protection for artists.
3. Tighter Control Over Digital Piracy
While piracy laws exist, enforcement is weak. A stronger legal framework is need to combat digital piracy, with faster takedown processes for pirated music and stricter penalties for repeat offenders.
Suggested Law:
A fast-track piracy takedown law that allows artists to report unauthorized use of their music and receive quick action from digital platforms and ISPs. Penalties for offenders should be increased to deter piracy.
4. Special Protection for Independent Artists
Independent artists who are not signed to major record labels face the greatest risk of exploitation. New laws should provide independent artists with easier access to legal protections, such as simplified copyright registration processes and financial support for legal battles.
Suggested Law:
Introduce a government-backed grant for independent artists that helps cover legal fees related to trademark registration, copyright disputes case of Guru Randhawa and Jasleen, or contract negotiations.
Key Point
As the Indian music industry continues to grow, the need for new laws to protect artists has never been more pressing. While copyright and trademark protections are essential tools, they are not enough on their own. The introduction of stronger laws that ensure fair compensation, protect against exploitation, and combat piracy is crucial to safeguarding the rights of music artists.
Artists must also take advantage of the existing legal frameworks by securing both trademarks and copyrights for their creative works. By using these tools in combination, they can protect their music and brand identity while navigating the ever-changing landscape of the Indian music business. Learn More
