Overview of Music Notation Copyright
A song is not treated as a single piece of work. Under the Copyright Act, a song is divided into various parts. The owner of each part can obtain a copyright for his part in the song. If the song is written, composed and sung by one person, he can claim copyright over the whole song.
The persons involved in making a song and their copyright in it is as follows
Lyricist – Section 2(d)(i) of the Act states that in a literary work, the person who writes is the author of that work. The person who writes the lyrics of a song is the lyricist. The lyricist is the author of the song, and it comes under literary work in the Act. Thus, he can get the copyright for the lyrics of the song as the author of it.
Composer – Section 2(d)(ii) of the Act states that in relation to a musical work, the composer is the author of it. According to Section 2(p) of the Act, musical work is the work which has music and includes graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music. Thus, musical work is giving music to the lyrics of the song. Composer of a song is the person who provides music to a song, and thus is the author of the music in a song. He can obtain a copyright for the background music in a song.
Singer – Section 2(qq) of the Act defines a performer which includes a singer of the song. When the singer gives the performance of a song, he has the performer’s right concerning his performance. He has the right to make a sound recording of his performance. Reproduce it or issue copies of it on an electronic medium. He has the right to sell the copies or recording made by him. He has the right to protect his copies or recording against infringement. But his performer’s right will not affect the rights of the author, i.e., the lyricist and composer of the song.
Producer – Section 2(d)(v) of the Act states that the person who does the sound recording is the author in respect of that sound recording. Section 2(uu) defines the producer of a sound recording as the person who takes the initiative and responsibility for doing the work. Since the producer of a movie or album undertakes the recording of a song and broadcasts it in movie or album, he is the author of the recording of the song. Thus, he can get the copyright for his recording of the song.
Documents Required to Obtain a Music Notation Copyright
Along with the following documents required for registration of copyright for music/song notation in India. Applications must be submitted to the Copyright Office.
- Two copies of your original work (graphical notes)
- Name and address and identity proof of the owner, incorporation certificate (if the owner is the entity)
- If the application is filed through an attorney. A specific Power of Attorney is original, duly signed by the applicant, and accepted by the attorney.
- A NOC, i.e., a no objection certificate from the publisher, if the applicant is other than the publisher.
- A NOC from the author if the applicant is other than the author.
FAQs About Music Notation Copyright?
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