Open Access Research Article
PRIVATE OR HOME RECORDING OF MUSICAL WORKS: COPYRIGHT ISSUE BY: - ARNAV SHARMA & SAUMYA GOEL
Published Paper
Article Details
AUTHORED BY: - ARNAV SHARMA
Designation: - Student
Address: - 130/C Sainik Colony Jammu, Jammu and Kashmir, 180011
Contact No: - +91-9682153483
Semester: - 8th
CO- AUTHOR: - SAUMYA GOEL
Designation: - Student
Address: - 36 Vivek Vihar Ranipur More, Haridwar, Uttarakhand, 249407
Contact No: - +91-9997303471
College: - University Institute of Legal Studies, Chandigarh University
Mohali, Punjab.
Semester: - 6th
Abstract
In many
countries, copyright law grants the copyright holder exclusive rights to
control the reproduction of their musical works. This means that making copies
of a copyrighted song without permission from the copyright owner could
potentially infringe upon their rights. However, most jurisdictions also
recognize certain exceptions or limitations to copyright, such as fair use or fair
dealing provisions, which can vary in scope and applicability. In some cases,
private or personal use of copyrighted material may be considered fair use or
fair dealing, allowing individuals to make copies for their own personal
enjoyment or educational purposes. This typically means that you can make
recordings of copyrighted music for your personal use, such as creating a
mixtape or playlist for yourself or for a limited circle of family and friends.
However, it's important to note that sharing or distributing those recordings,
even among friends or family, may not fall under fair use or fair dealing
exceptions. If you were to upload or share those recordings publicly or use
them for commercial purposes without permission, it could potentially infringe
upon the copyright holder's rights. It is also worth mentioning that the advent
of digital technology and the internet has significantly changed the landscape
of copyright law and enforcement. Many countries have implemented specific
legislation to address digital copyright issues, including unauthorized
downloading, sharing, or streaming of copyrighted material. To ensure that you
are complying with copyright law, it is advisable to familiarize yourself with
the specific laws and regulations in our country, as they can vary
significantly. If you have any doubts or concerns, consulting with a legal
professional who specializes in copyright law would be the best course of
action. Basically, private and home recordings means that the music is used for
the fair dealing but when it is used for commercial purpose than it will come
under the ambit of copyright infringement likewise if artist work is recorded
by his family member and it was put on YouTube it will be termed as copyright
infringement. This research mainly focuses on whether private or home recording
of musical work will be termed as copyright infringement or not.
Introduction
In recent years the copyright as an area flourished under
intellectual property rights and musical works, private recordings, movies come
under copyright domain of Intellectual Property Rights In recent years the
copyrights law has gained mere importance and the cases of musical copyright
infringement is increased the rapidly. This comes under copyrights which protects
the sound and written works of various musical artists. Private home recordings
of musical works increased rapidly due to Covid-19 as it was impossible to move
out of homes so all the artists were putting their songs and many of them has
recorded the songs at home studio. Before talking on copyright issue first of
all it is important to know about copyrights The term copyright can be understood as 'the right of
the owner to produce copies of his work to the exclusion of others.' The right
to reproduce a piece of work is one of the most important copyright protections
granted to the owner. When a person develops a unique product, the product is
regarded as original with the assistance of substantial mental and intellectual
skills. A copyright is a protection preventing duplication of an original work
and exploitation of the copyright material. The law of copyright protects
expressions of ideas rather than ideas. The idea-expression dichotomy was
formulated in order to safeguard an idea's manifestation (i.e., an expression)
rather than the idea. An idea is formulated from thinking about a certain
concept, whereas an expression represents the implementation of that idea.
Although several individuals can come up with the same idea, they can only
claim copyright in the form of an expression. The first right is to protect the
basic composition of music — referring to a structure and combination of
musical notes, every musician follows the basic rights whenever any musician is
creating anything first and foremost thing that musician expects the lyrics
would be protected, Composition to be protected whenever we talk about music
the tune should be unique, mixing and mastering of a song with beats should be
unique so that the audience like the combinations of chords should be crisp. whenever
any person who is a musician produce the original song than he will become the
sole owner of the song. The law refers to this area of ??copyright as "music
work[1]."
This is called music composition "musical composition" or
"song." The second basic right concerns the actual recording of the
song, a concept that is sometimes referred to as copyright law as "sound
recording." Another word for this is mixing and mastering it is a final
touch of a song. It is a common practice for music publishers to own or control
the copyright of a music project, as well as record companies to own or control
over the copyright of audio recordings. Whether copyrighted music is a work of
music or audio, it should complement some of the following basic techniques:
The work in question should be the first activity. There should have a portable
or visual presentation,
Historical Background of Copyright
law
The world's first copyright law
turned into Anne statement, enacted in England in 1710. The Act for the primary
time added the concept that the writer of the e book changed into the owner of
its copyright, and imposed strict security measures. In terms of the Act, copyrighted
works needed to be positioned in copyrighted libraries, and registered at
Stationers' hall. there has been no automatic copyright safety for unpublished
works.
regulation primarily based on Anne's
announcement gradually emerged from different nations, consisting of the
Copyright Act of 1790 within the United States, but copyright regulation became
not compiled at the global stage until the 19th century. In 1886, but, the
Berne conference become introduced to offer for the recognition of worldwide copyright,
and to promote the improvement of global requirements for the protection of
copyright, and it's been followed via almost all international locations of the
sector (extra than one hundred forty out of one hundred ninety regions
worldwide). After the us ratified the treaty in 1988 the convention now covers
almost all fundamental nations. The Berne convention stays in pressure to this
present day, and it keeps to provide the basis for international copyright
regulation.
one of the main changes initiated by
using the adoption of the Berne convention became to increase patent safety to
unpublished works, and to get rid of the requirement for registration. in the
international locations of the Berne convention which means that the individual
(or the business enterprise he or she works for) has the right to copy any
paintings that he or she produces as soon as its miles recorded in a certain
manner, be it in writing, drawing, recording, etc.
even though the adoption of the Berne
conference has been of first-rate benefit to the creators of the original
works, the systems for protecting unpublished works continue to be worldwide,
with a few states offering non-compulsory registration offerings locally, at
the same time as others do not offer any shape of registration. without
registration, it can be tough to decide who's the felony proprietor of a
copyrighted work. country wide registration systems might not be willing to
provide dispute assist in another country. The intellectual belongings Rights
workplace (additionally known as the office of IP Rights and IPRO) became
created on the way to create a worldwide centre for the guide of unpublished
works from round the world, through its Copyright Registration service.
hopefully this may offer a common point of registration for all residents of
the nations of the Berne convention.
Music Covers and Remixes
Recently
there was a consistent increase in the range of songs and covers composed by
using artists. This has resulted in a lot of debate about the modern framework
of applicable copyright regulation. due to Covid-19 many artists started
producing the songs at home. The person who is remixing the song or just
remixing the song by putting extra reverb will get the exclusive right of the
song because remixing the song in a new way will give the exclusive right to
the owner. Music covers are also like it whenever any musician sings any music
cover that artist has his vocals in the song this gives exclusive rights to the
artist.
The gist of the case was based on the
definition of “record that records the work” listed in Section 52 (1) (j) of
the Copyright Act of 1956[3].
Instead of arousing interest, the high Court stated that “records recording the
work” for all purposes referred to the circumstances in which the sounds is
compiled with a tune and further stated that the term “records” had nothing to
do with recorded things, regardless of music and harmony. The Court further
insisted that another title should be provided with a clear written declaration
that the record in question was not an actual song.
Cassette Industries Ltd. Vs Bathla
Cassettes India (P) Ltd[4]
On the choice, of the court docket
upheld the fame quo via defining the character and manner of rights, referring
to the song career created below the provisions of section 52 (1) (j). The goal
that become set, in this case, became that copying the copied paintings might not
be a contravention of the law. certainly put, a recording of a translation
created below the provisions of phase section 52 (1) (j) cannot be granted any
copyright rights as the recording is copyrighted through the authentic
recording, so there's no real copyright required. As an end result, what can be
considered from this selection is that declaration for copyright infringement
within the case of cover versions will not be taken into consideration in a
court of law.
despite the fact that phase 52 (1)
(j) of the previous Copyright Act, 1957 furnished exceptions to the law for
the inclusion of variations, the subsequent change (amendment) Act, 2012
repealed the above-cited segment and replaced it with a new phase 31C., which
gives for the provisions of the official license to make cowl versions. The
said offer shows that versions of the cover can simplest be performed for
writing, drama or tune, where there is already a pre-recorded sound or a stated
license or work proprietor's permission. basically, which means that the artist
compiling the work wishes to have the previous of the unique artist before
liberating the cover version of his song. Approval
Recording and playing music in
private ceremonies.
Songs are played by Disk Jockeys (DJs)
in Marriage ceremonies, engagements, Family functions this music is been used
for commercial purpose usually songs are been played by the DJ in functions in
return they are getting royalty or money this is termed as copyright
infringement there should be proper rules and regulation specifically for DJs
so that music is not sold for commercial purpose. There should be proper
licence which should be issued to the disk jockey so that the music company
should get the brief Idea about how many DJs are using there work there should
be minimal fees for DJs so that they can obtain licence there should be some
terms and conditions that music should be used in a fair manner not sold for
commercial purpose.
How Private and home recordings is
Copyright Issue
Private or home recording of musical works are increased
nowadays due to covid-19 due to bad situation the many of young new talents and
artists started recording their songs at their home that is also called home
recordings now people prefer to do the home recordings or enjoy to do the
private which is easy way to reach the audience from the comfort of the home.
The validity of the copyright of a music or any literary work 60 years. The
rights can be sold by the original owner before the period of 60 years also in
lieu of some fees. The home recordings or private recordings should have the
mechanism so that there no issue of song leaks or any literary or dramatic work.
All the artist should govern their rights under Indian law like The Audio home
recording act of 1992 amended the United States copyright law by adding chapter
10, Digital Audio Recording devices and Media”. The act enabled the release of
recordable digital formats such as Sony and Philips’ digital Audio Tape without
fair of contributory infringement. In India the home recordings musical works
dramatic or literary work are governed under Section 52 of Copyrights act
1957[5].
All the songs and pre recordings are violative in nature when it is played in
wedding ceremonies or public place original artist should be benefitted which
is in debate. There should be proper mechanism to stop this violation.
Conclusion
After Analysis of the issue whether private
or home recording of musical works it is copyright issue or not if it is used
for ourself than it will not be termed as copyright infringement if some family
member shares the music of the person on YouTube of any family member who
artist will be considered as copyright Infringement.
It is been also noticed every
marriage or family gathering or in some party has some sort of music playing
now the issue comes does playing of the music in marriage leads to copyrights
infringement or not but as per my opinion I think It is copyright infringement
if the law governs the artist or a music company than the disc jockeys should
also be given a proper license to operate the music of that company in exchange
of some minimal money so that at the end of the day the music company which
produced the song has a note who all are playing the music.
[3] Section 52(1)(j) of The Copyright Act, 1957
deals with making the performance of literary, dramatic, or musical works, by
staff and students of the institution in the course of activities of an
educational institution which is subject to the audience being limited to such
staff and students, parents or guardians of students and person connected with
the activities of the institution.
Article Information
PRIVATE OR HOME RECORDING OF MUSICAL WORKS: COPYRIGHT ISSUE BY: - ARNAV SHARMA & SAUMYA GOEL
Authors: ARNAV SHARMA, SAUMYA GOEL
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/07/05
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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