Music composer V. Shankarnanan performs at Sri Parthasarthi Swami Sabha in Chennai. , Photo Credit: Hindu

DRecent Margazhi Season or music season in Chennai, Rasikus (Narakhi) reached the concert from the concert. While tuning in music, they also had to keep in mind the copyright law Gatherings (Performance location) refused him to recording unauthorized recording. Copyright law has rarely been at the forefront of the Karnataka music field because there is a common belief that the copyright law does not apply to it. We need to see this scene again.

In Indian Performing Right Society Limited V. Eastern Indian Motion Pictures Association (1977), Justice VR Krishna Iyer asked whether music means only one piece composition or extended to the tune, voice, and rendering of that piece. It is unanswered in Parliament. Apart from being a spiritual question, what is music, it is also a legal question.

Music idea

Copyright law around the world defines music as a raga, that is, a composition that decreases to print. The idea that music is only a composition that stems from a western classical understanding of music. The MPs of the Indian Copyright Act, 1914 failed to understand Indian music before implementing law. The same colonial understanding was also followed in the law enacted in 1957. It excludes many unique factors of Indian classical music from the purview of copyright law. It is appropriate to ask: Should the law follow music or should music follow the law?

A song is born after synchronized efforts of a musician, lyricist, singers and other artists. Musicians and lyricists get protection on their related creations for their lifetime and then 60 more years. When a song is recorded on a medium, there is a different right over recording. It is called ‘Mechanical Right’, it is given to the person who records the song, for 60 years, to commercially exploit it.

The authority of the artists enables singers and other musicians to refuse anyone to record the song. In addition, the law enables the artist to be eligible to claim royalty from streaming their performance or their music. Although this right is theoretically available to singers and compatibles, they do not enjoy even in a concert, in their real meanings. It is only in the head Gatherings That video/audio recording of the performance is prohibited; This is not an ideal everywhere. Many performances of notable singers have been posted by third parties on YouTube and spotify, violating the Copyright Act and robbing musicians of opportunities to mudge their rendering. Any recording that is done without consent is a violation of the rights of the artists; It is also a violation if gathering This does without the informed consent of the artists. License within a Karnataka concert is also complicated for governance music that is in copyright domain.

Since most of the songs that are performed are in public domains, the form of music has also been out of the scope of copyright. For example, Tygraja Swamy, Shyama Shastri, Muduswamy Dikshti, Purandra Das, and Gopal Krishna Bharatiyar are also in public domains for anyone, as they were all built even before the establishment of the concept of copyright. Whether the additions and blessings made by musicians also become part of the public domain along with the song and whether a musician who improves a song, has no right over such reforms, there are unanswered questions.

When any artist learns these songs from his guru, he packs his Guru’s imagination with original rendering. The learner also has the scope to add his touch to the song. They have their own interpretation and perform those songs that may not be part of the original composition. They can also sing the same song in a separate raga imagined. For example, many songs of Gopala Krishna Bharati are not sung in the ragas today which Bharati composed. Does the music of interpreting the song in a separate raga become “creativity” under imagination copyright?

Change the law

The improvisation performed by an artist on a platform can be comfortable and may be a reaction to interest displayed by the audience. Elections with music can also be held in different versions of the song. In many cases, artists themselves may not be in a position to repeat it in the same way. The improvisation performed by the artist is ignored and there is no scope for providing security for it under the Copyright Act.

While the compositions of Purandara Das were traditionally sung in the ragas associated with Karnataka music, Pandit Bhimsen Joshi took himself to present the comprehensive collection of Purandara Das’s compositions for an innumerable variety of Hindustani ragas. Song Ipo Varuwaro Madurai Mani Iyer cannot be imagined without the intimate touch; He has inspired the generations of singers to demonstrate the song in a special way. Is he not the owner of his unique addition? It is unsafe under copyright laws.

Musicians should have the right to their intimate addition to a song as well as exploit their performance. The flow of royalty should be strengthened from streaming. Currently, music follows the law. Should the law not be replaced to protect the rights of Karnataka musicians in the letter and soul?

Beautiful Atreya H., Assistant Professor of Law, Pest School of Law; NS Amog Simha, advocates to practice in Madras High Court