All you need to know about Copyright of Sound Recording in India

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Copyright of Sound Recording in India

The Indian Copyright Act, 1957 provides the provisions to grant the copyright of unique work. Copyright ensures musical, creative, artistic, emotional, architectural, cinematograph films, computer programmes and sound recordings. Copyright in sound recordings is fairly limited and restricted than copyright in different works. This article will explicitly discuss all that you need to be familiar with the copyright of sound recordings in India.

Table of Contents

A sound recording is dependent on a series of sounds that don’t go with varying audiovisual work. Copyright in sound recordings is to some degree restricted than copyright, in different words—it includes an option to perform the work to people in general, however as it were “Using a computerized sound recording.” Performing a sound recording to people in general in a compatible way doesn’t include copyright in the sound recording.

At the point when a sound recording is restrictive on a musical work, a few uses of the sound recording include the musical work. On such occasions, if a licence is required, it should be acquired from the rights holder of the work.

Key features for Copyright of Sound Recording in India

  • There should be “originality” in musical work or sound recording and the original work should be submitted.
  • Copyright in sound recording should permit the total rights in the allotment, licensing the work and limiting others from using the work.
  • There should be tangibility of the creation.
  • If there should be an occurrence of contractual terms, assuming the sound recordings are finished by appointing the lyricist or vocalist, the employer that authorises the agent is known to be the First Owner of the Copyright.

Benefits of Copyright of Sound Recording in India

Copyright of Sound Recording is a lawful Declaration, which is utilized to pass on the rights that the owner holds over his work. The owner can recognize the responsibility for work when the copyright of sound recording is acquired. Hence, it is essential for a person to enlist for a copyright licence to protect its work. The advantages of the copyright of sound recordings are:

  • Protection to different components, for example, sound, the composition of music, verses, recording the sound recording on tape and so forth is given.
  • The rights existing in sound recording can be licensed, assigned and reassigned.
  • The owner has the copyright of sound recording can keep the work in any mode and just as replicate it.
  • The owner has an option to make any changes in the work and furthermore play out the work in public.
  • The owner has the privilege to make a legitimate move and sue the individual who is using his protected work unlawfully and can carry him to the court for breaching the copyright.
  • The owner likewise has a privilege to have his name distributed in all copies of his work when he has the copyright of sound recording.
  • The Copyright Act denies and limits the misrepresentation and modification of the first work of the owner.

Documents required for Copyright of Sound Recording in India

The following documents are fundamental for acquiring the copyright for sound recording work:-

  • A Statement of Particulars is required on the off chance that the work should have been given copyright isn’t unique. Additionally, the Statement of Further Particulars is required.
  • If the copyright application is being filed for the benefit of the author by some other individual, the NOC is required.
  • In both cases (published and unpublished), one duplicate of the work is required. Likewise, details of the year of publication.
  • Particulars of fee payment.
  • A copy of Acknowledgment Slip.
  • If the creator is perished, NOC from the legitimate successors to the expired owner for the candidate.
  • Power of Attorney is needed by the candidate on the off chance that the application is filed by the attorney.

Process to obtain the Copyright of Sound Recording in India

By acquiring the Copyright for Sound recording, the owner sets up the lawful claim over the work. It likewise fills in as an important document for the public record of ownership. It permits the owner to sue a violator for unlawful utilization of the work and furthermore claim penal damages for the loss that happened because of such reproduction. The technique for Copyright for Sound Recording is as per the following:-

  • The candidate will make an application on Form XIV. Where the application includes Statement of Particulars and Statement of Further Particulars.
  • Individual applications ought to be made for registration of each work.
  • When the receipt of the application is received, 30 days compulsory cooling-off period begins, during which issues with the award of such copyright can be recorded.
  • In the event that complaints are raised, all such protests are investigated and the candidate is needed to give an answer on something similar and after hearing the two parties, the Registrar will give a certificate of Copyright for Sound Recording.

Sound Copyright registration in India

Final Words

To have the assurance and get the advantages on creating unique work, the creator or the owner of such work should get his unique work protected under the Indian Copyright Act, 1957. For the owner to get copyright of sound recording, it is vital for him to observe every one of the guidelines and rules of the Act to look for protection. The term of the copyright assurance of sound recording distributed is inside the lifetime of the author until 60 years beginning of the calendar year next following wherein the owner passes on.

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CS Urvashi Jain is an associate member of the Institute of Company Secretaries of India. Her expertise, inter-alia, is in regulatory approvals, licenses, registrations for any organization set up in India. She posse’s good exposure to compliance management system, legal due diligence, drafting and vetting of various legal agreements. She has good command in drafting manuals, blogs, guides, interpretations and providing opinions on the different core areas of companies act, intellectual properties and taxation.

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