Music Copyright Guide For Independent Artists in India
plus copyright societies and why you should consider registering with one
Reviewed by: Mandar Deshpande (IPRS) and Prarthana Sen (Neon Culture)
The Indian music industry has seen substantial growth over the last couple of years. However, the country’s unsatisfactory copyright compliance rate stands in the way of the industry at least doubling its music publishing revenues, which would greatly improve the livelihoods of all artists, musicians, lyricists and composers.
As of June 2024, only around 14,450 (out of a possible pool of 40,000) music creators have registered with the IPRS. Mandar Deshpande, the National Manager for Corporate Communications at the IPRS (Indian Performing Rights Society), says that low awareness is one of the “major reasons” for this, along with artist negligence and the Indian music industry's lack of an organized structure. Mr. Deshpande shares that for the longest time, India’s music scene was dominated by film music. The independent scene was very small and informal; it was a handful of Folk and Indian Classical artists selling their music in the form of CDs and performing to smaller audiences. Independent music only started gaining popularity in the 90s; a lot of non - film content was released and FM radio started kicking in during this time period. Many artists weren’t aware of the legal aspects of their work. Neither were the songwriters. In fact; it was common for them to miss out on revenue due to them not being aware that they were entitled to royalty collection for the entire duration of their music copyright.
Copyright organizations, such as the IPRS, PPL and Novex , were established to ensure that artists were compensated for their royalties every time their work was used either by other artists or broadcast or performed in public. While copyright societies organize awareness campaigns to empower creators and make them more aware of their rights (Mr. Deshpande himself spearheads some of these efforts with his team across India), there’s still a lot of work to be done.
This article aims to address the copyright awareness problem by providing an overview of the different performing rights organizations in India; various kinds of copyrights and royalties; and the benefits to independent artists of registering with a copyright society.
Indian Copyright Societies
The IPRS (Indian Performing Right Society) - India’s only CMO licensed by the Government of India
Composition, lyrical and publisher rights (for the underlying works of Composers, Lyricists and Publishers) via the licensing and monitoring of digital consumption of music in 128 countries.
PPL India (Phonographic Performance Limited India) -
It collects royalties for the performance of the ‘Sound Recording/Master’
ISAMRA (Indian Singers and Musicians Rights Association)
Public performance rights and the collection of royalties for singers and musicians only
They only started collecting for musicians in 2024. So, until this year, they were an organization that solely focused on the rights of singers.
Indian Reprographic Rights Organization
Composition rights for written work, such as sheet music.
Benefits of Registering With Copyright Societies
Increase earnings
From 2019 - 2022, the IPRS distributed INR 698.76 crores to its members
PPL India collected INR 164 CR in the year 2022-2023
ISAMRA made a distribution of INR 22.5 cr to singers and musicians on the 28th of March 2024 based on the songs aired on 122 radio stations in India
Safeguarding your music IP, ensuring your work isn’t vulnerable to being claimed by a third party or you’re not altogether dismissed as a creator of the work .
Enhance exposure
Adds credibility to artist name
Increases chance of getting airplay on radio stations
Types of copyright (According to The Indian Copyright Act of 1957)
A copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression. The Copyright Act of 1957 protects original literary, dramatic, musical and artistic works and cinematograph films and sound recordings from unauthorized uses (copyright.gov). Copyright owners have the exclusive right to reproduce, sell, perform, publish or license their work. Each type of copyright represents ownership of a different aspect of a piece of music.
MUSICAL WORK (COMPOSITION RIGHTS)
The composition musical work (harmony, melody etc:) that may or may not include accompanying lyrics
Section 2(d) states that the “author” of a “musical work” is the “composer”
A composer is “the person who composes the music regardless of whether he records it in any form of graphical notation” - Section 2(ffa)
Section 2 (p): "musical work" means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music
Examples:
Melodies, lyrics, arrangements
written down on a piece of paper or on a computer file, sheet music (the medium doesn’t matter, as long as it’s tangible).
SOUND RECORDING RIGHTS
A sound recording is the “expression of the underlying composition, produced and recorded by the recording artist(s)”
Section 2(q) of the Indian Copyright Acts defines a "producer" as a person who takes the initiative and responsibility for making the work;
Music producers and record labels have ownership of these rights
"sound recording" means a recording of sounds from which such sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced;
“A Sound Recording Copyright may be claimed in the aggregate of sound embodied in any tangible medium (phonograph discs, open-reel tapes, cartridges, cassettes, player piano rolls, and other material of objects in which sound are fixed and can be communicated either directly or with the aid of machine or device.”
Examples
Digital files with recorded music
Song versions up on streaming services, phonograph discs, cassettes
PERFORMANCE
A "performance” is any visual or acoustic presentation made live by one or more performers (singers in this case)
Music royalties
These are recurring compensatory payments received by rights holders in exchange for the use of their music. Royalties are paid out by the establishments that use the music (for example: TV channels, radio stations and streaming platforms) to intermediary bodies. Copyright societies distribute royalties to the owners of a song’s Composition Rights (“Musical Work”).
The types of music royalties distributed by Indian copyright societies are as follows:
Synchronization
Collected when a song is ‘synchronized’ with visual media (such as TV shows and movies)
Micro-sync royalties are received when an artist's music is used in smaller budget productions, like web shows or YouTube videos. However, unlike Sync royalties, Micro-sync royalties may not be collected by all performing rights organizations.
Public Performance
Collected by the performers and songwriters/composers
Not just physical performance but also usage/broadcast of the song in a public space (events, restaurants, TV etc:)
Mechanical
Collected every time a copy of a song is made or a sale of a song is completed
Steamed, downloaded or purchased
Used as a ringtone
Covered and released by another artist
Sampled by another artist
Just for songwriters (which includes both composers and lyricists), or owners of the Composition right.
Labels, or owners of the master copyrights, collect the Master/Sound Recording share of the mechanical royalties in the form of streaming royalties from the music distributor, and from the distributors of physical music products (CD’s, Vinyls etc:). However, in India, the same labels own publishing rights too and hence register themselves as ‘Publishers’ on IPRS and claim some of this income.
Print
Collected by the songwriter/lyricist/composer on the use of sheet music or lyrical content
The Print Right also includes the displaying of lyrics on Spotify through Musixmatch or LyricFind, and of the use of lyrics in captions/subtitles when viewing films.
How To Register With Copyright Societies
IPRS: https://iprs.org/become-a-member/
PPL: https://www.pplindia.org/registerppl (KYC form at the bottom)
ISRA: https://isracopyright.com/membership
Novex: https://www.novex.in/pay/
Different associations deal with different types of copyright, it’s important to make sure you don’t register with more than one association for a kind of copyright (no duplication of efforts). However, if an artist is seeing a lot more response to their music in a territory outside India, it may be best to register with the local copyright society there as well. While IPRS does collect in 128 countries, every time royalties are converted from a foreign currency to INR, artists end up losing some money in conversion fees. Registering with another society in this case, may therefore, be more practical.
It’s also important to note that copyright societies leave the responsibility of maintaining split sheets and link documents that confirm their contributions and those of other collaborators and/or labels, to artists. In case a dispute ever arises, the societies require all parties involved in the work to produce these documents; if the society finds any party unable to provide the same, they end up favoring the ones that maintain their documentation.
In Conclusion
Registering with a copyright society provides a number of benefits to independent artists, from protecting work from being wrongfully claimed to increasing chances of radio airplay. Additionally, the unpredictable nature of a career in music makes having a passive source of income, such as through royalties, all the more necessary. India has made great progress in this space the last couple of decades. The surge in artist registrations for royalty collection and increased local and international cooperation among Indian copyright societies indicate a heightened emphasis on safeguarding artist rights within the Indian music industry.
Despite recent advancements, however, the Indian independent music industry remains fragmented and under regulated. Artists continue to face challenges in collecting royalties from live performances as PRO’s are still working on properly administering rights collections processes at a number of small-to-medium-sized venues. Additionally, many venues have struggled to obtain the necessary permits for live performances, resulting in closures and a significant loss of income opportunities for artists (an example of this is the closing of a number of pubs and eateries in Bangalore due to them not being granted the Public Entertainment License by the government). It's important to note that the Indian independent music scene is relatively nascent compared to more established markets, as earlier, India’s music industry used to be heavily linked to its film industry (majority of music consumption today is still film music, but there is a growing interest in and increase in the number of non-film and independent acts) . While comparisons to countries like the United States may be premature, concentrated and sustained efforts to enhance legal awareness and implement royalty collection practices are crucial to ensure fair compensation for artists and a sustainable industry.
WORKS CITED
MUSICAL WORK, 1 March 2018, https://copyright.gov.in/Documents/Public_Notice_inviting_reviews_and_comments_of_stakeholders_on_draft_guidelines/Musical_Work.pdf. Accessed 6 September 2024.
INDIAN COPYRIGHT ACT, 1957, https://www.education.gov.in/sites/upload_files/mhrd/files/upload_document/CprAct.pdf. Accessed 6 September 2024.
Copyright Office, https://copyright.gov.in/. Accessed 6 September 2024.
“Awareness of Performers' Rights Under Indian Copyright Act: A Case Study in the Academia.”
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“PPL strikes its first-ever deal with ISAMRA for the collection of performer remuneration from India.” PPL, 23 January 2024, https://www.ppluk.com/ppl-strikes-its-first-ever-deal-with-isamra/. Accessed 6 September 2024.
“Why all musicians should consider registering with a PRO.” SubmitHub, https://www.submithub.com/story/understanding-pros-performing-rights-organizations. Accessed 6 September 2024.