Mint’s queries. Music labels generally sign a music production agreement to record and produce songs.
The composer of the music is included in the definition of “author" under Section 2 of the Copyright Act, 1957 and, as a moral right, can contest if he or she isn’t given due credits on the streaming platform if it is prejudicial to his honour and reputation. However, the explanation provided in Section 57 also states that “Failure to display a work or to display it to the satisfaction of the author shall not be deemed to be an infringement of the rights conferred by this section." “In the present example involving T-series, the movies and the music were produced by T-series, and therefore, T-series will remain the first owner of the copyright," Gaurav Sahay, partner, SNG & Partners, Advocates & Solicitors said.
The ownership of the copyright is subject to the arrangement between the composer, the producer, and the record label. However, in this instance, the record label is also the producer of both the movie as well as its music, and in consequence, it owns the copyright to the songs, Sahay pointed out.
Dhiraj Mhetre, partner, Khaitan Legal Associates said it is a common practice that music labels and film producers commission composers for music composition, known as ‘work for hire’, a concept recognized by the Indian Copyright Act. “Such contracts give the music label or producer all the rights in the works created by the composers.
Such agreements generally have clauses which give the composers credit for their work, however, the same can also leave it to the final discretion of the music labels or producers. Accordingly, Nadeem-Shravan do not cease to be the composers of the albums; however, T-Series has the
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