MELODIES AND RIGHTS: INTELLECTUAL PROPERTY AND MUSIC

Abstract

The music industry is a constantly developing landscape where trends, demands, and preferences of audiences keep changing. Alongside these changes, there is a high risk of intellectual property (IP) theft, including the unauthorised use of creative works. Humans are known for their capacity for intellectual creativity in the fields of art and technology, encompassing innovations, traditional knowledge, artistic expressions, technological advancements, and trade-related matters. These rights are exclusively granted to creators and innovators whose unique works — different from all others and not plagiarised — cannot be claimed by anyone except the original creator, who holds the exclusive monopoly right over their work.

The first section of this study examines how Intellectual Property Rights are incorporated into the music industry. The study closely examines the importance of copyright, the exclusive rights granted, and the penalties applicable in cases of music infringement. Concurrently, the study explores trademarks in music, penalties for trademark infringement, patents, and the importance of patent protection in the music industry. In India, IP protection for the music and entertainment industry is at an early stage compared to developed countries. Major recording labels such as T-Series, Saregama India Ltd, and Sony Music India are diligent in protecting their rights, while newcomers who have recently begun their careers are often unaware of their rights and are easily deceived by these recording labels. It is therefore important for new artists to understand their rights and remedies should those rights be infringed.

Keywords: Intellectual property rights, Music, Copyright, Trademark, Patent.

Introduction

The main aim of intellectual property law is to protect and safeguard the rights of the creator, artist, or owner so that their work is not misused by any other individual. On one hand, it restricts others from exploiting the work; on the other hand, it enables the owner to enjoy the exclusive monetary benefit of their creation.

Upon understanding intellectual property, it becomes clear how important it is for every individual associated with the music industry to know their rights. In today’s era, copying others’ work and remixing old music and releasing it as original content is very common, making the protection of artists’ statutory rights in the music industry a matter of key importance. It ensures that the work of the original owner is not used without permission or in any unauthorised manner.

This article addresses the rights offered by IP laws to the music industry. Making a song is not a one-person job — it involves people in a hierarchical order, with different steps including songwriting, lyric writing, arranging, tracking, and mixing, with many people involved throughout the process. As a result, the question frequently arises: who is the legal owner of such a song? This question was at the heart of the dispute in M/S Indian Record Manufacturing Co Ltd v Agni Music Sdn Bhd (2010) SCC Online Mad 2364,¹ a case concerning competing ownership claims in recorded music. [Note to author: please add a brief explanation of what this case decided and why it is relevant, or consider removing the citation if it is not directly discussed.]

This article focuses on two major forms of Intellectual Property Rights as they apply to the music industry. Copyright protects original works including literary works, musical works, artistic works, sound recordings, and digital works. Industrial property rights include patents, trademarks, trade secrets, designs, and geographical indications.

Copyright in the Music Industry

Copyright is a form of intellectual property that protects the works of the copyright owner. These works primarily include artistic, dramatic, literary, and musical works, cinematograph films, sound recordings, photographs, works of government, works of international organisations, and published editions. The purpose of copyright is to encourage the progress of art, innovation, technology, and science. It is also called the “author’s right” — it prevents others from using a creator’s work without authentic authorisation, ensures the author receives all monetary benefits from their work, and permits others to build upon existing ideas and expressions by giving the original owner proper credit. All these rights are protected under the Copyright Act, 1957,² along with the Copyright Rules, 2013,³ in India.

Copyright plays a crucial role in the entertainment industry. While producing any work, a significant amount of capital is invested, making copyright protection essential to ensure the work is not subsequently stolen and claimed by others as their own. Music is a widely recognised form of art that brings together different people regardless of their differences. In recent times, copyright has gained significant importance in the music industry as there is substantial scope for revenue generation in this sector.

The duration of copyright in India varies depending on the type of work. The copyright term for literary, dramatic, musical, and artistic works lasts for the life of the author plus 60 years from the date of the author’s death. Cinematograph films, sound recordings, and anonymous or pseudonymous works are protected for 60 years from the date of publication. Copyright terms in other jurisdictions — such as the United States (life of the author plus 70 years) and the European Union (also life plus 70 years) — differ from the Indian term in this respect.

A song incorporates the contributions of many individuals: the lyricist creates the words of the song, the composer puts music to it, the singer performs it, the cinematographer provides visuals, and the producer records and produces the final product. It is therefore a collective effort, and as a result, there can be multiple copyrights subsisting in a single song.

Provisions for Copyright Laws in Music

Since a song includes multiple copyright holders, each owner can claim only that part of the song to which their copyright extends. Section 2(d) of the Copyright Act, 1957 defines “artistic work” and provides that creativity constituting original work from the creator is protected under India’s copyright laws. Artistic work in this context includes:

• A painting, a sculpture, a drawing, an engraving, or a photograph, whether or not any such work possesses artistic quality;
• A work of architecture; and
• Any other work of artistic craftsmanship.

Section 2(p) of the Copyright Act, 1957 defines “literary work” — a broad category that is not limited to traditional forms such as novels or poetry, but extends to any work expressed in writing, print, or notation. [Note to author: please supply the complete statutory definition if desired.]

Section 2(qq) defines “work of architecture,” which recognises the creative, innovative, and artistic aspects of architectural design. Section 2(uu) defines “transmission” or “transmit,” a definition relevant in the context of broadcasting, streaming, or other forms of electronic transmission of copyrighted works.

There are two principal categories of rights provided under copyright law in the music industry:

i. Economic Rights — these rights protect the commercial value of the artist’s or author’s work, encouraging them to contribute to the field and allowing creators to earn profit from their creations. Economic rights include:

• The right to reproduce
• The right to distribute
• The right to public performance
• The right to communicate the work to the public

ii. Moral Rights — these rights protect the personal and reputational interests of the original creator. Under section 57 of the Copyright Act, 1957, moral rights include the right of paternity (attribution) and the right of integrity, which protects the work from distortion, mutilation, or other modifications that would be prejudicial to the creator’s honour or reputation.

Penalties for Infringement in the Case of Music

Copyright infringement is a criminal offence that falls within the scope of section 63 of the Copyright Act, 1957. To understand the penalties that apply, it is first necessary to understand what constitutes infringement: the work must be the original work of the creator or author, and the infringing work must have been copied from that original, resulting in infringement.

The Copyright Act has established penalties for such infringement, which may take the form of imprisonment or fines depending on the seriousness of the offence and whether the infringement is a first-time or repeated offence. For first-time offenders, the minimum imprisonment fixed by the Copyright Act is six months with a fine of Rs. 50,000. For repeated offenders, the minimum punishment is one year’s imprisonment and a fine of Rs. 1,00,000; in particular cases, the fine may increase to Rs. 2,00,000 and imprisonment may extend to three years. In certain cases, if the infringer can demonstrate that the infringement was not committed for the purpose of personal gain, the court has the power to reduce the sentence and fine. In summary, section 63 makes copyright infringement a criminal offence punishable with fines and imprisonment.

Remedies for Infringement of Copyright

Remedies for copyright infringement encompass various legal mechanisms. In civil proceedings, the court can grant an injunction to stop the infringing activity. The creator may also seek damages or monetary compensation for any loss suffered, and an account of the profits earned by the infringer through unauthorised use of the work may be ordered in favour of the original creator. Additionally, the infringer may be ordered to surrender all infringing copies to the court — a remedy known as the delivery of infringing material. Criminal prosecution is also an option under the Copyright Act, where fines and imprisonment are imposed based upon the seriousness of the infringement.

In India, many significant copyright violations have been litigated. The T-Series and YouTube piracy dispute is a notable industry example in which YouTube successfully deployed technology to track and prevent the illegal uploading of songs, showcasing the effectiveness of technological tools in combating piracy in the music sector.

In the case of Indian Performing Right Society Ltd v Eastern India Motion Pictures Association (1977) 2 SCC 820,⁴ it was established that the composer of a song and the lyricist have the right to receive payment when their songs are used in films or on any digital platform.

Trademark in the Music Industry

A trademark refers to a symbol, design, brand name, or word or statement used for recognition and identification, and to distinguish any work, product, or service of one business from another, so as to avoid confusion in the minds of consumers. This form of intellectual property gives the owner or creator the exclusive right — or monopoly — to use their mark, thereby preventing its distortion or misuse by others without authority or permission. A trademark helps consumers recognise and build trust in a product or service and creates brand image and reputation in the market.

The Trade Marks Act, 1999⁵ is the legislation in India that governs the registration, protection, enforcement, and use of trademarks. The Act aims to promote brand identity by encouraging the use of distinctive signs and symbols that differentiate one brand from another. It supports fair competition and safeguards trademark owners’ rights. It emphasises the importance of distinctiveness, non-descriptiveness, and non-deceptiveness, ensuring that a trademark is unique and does not mislead consumers.

With the increase in awareness among creators, the need for protection of intellectual works has grown significantly. Trademarks in the music business comprise brand names, artist names, logos, album titles, and sound marks. Distinctive or unique names, pseudonyms, symbols, sounds, and designs that signify an artist, brand, or record company must be registered to be protected. For the music industry, trademark protection is crucial for merchandising, licensing, and marketing, as it facilitates the sale of products and permits others to use the trademark for commercial or advertising purposes under licence.

Registration of a trademark enables stakeholders in the music industry to safeguard their brand identity and guard against copycat claims. In India, sound trademark registration has become an area of growing interest. Yahoo’s distinctive yodel sound was among the earliest notable sound trademark registrations internationally, receiving recognition in 2008. In India, ICICI Bank’s corporate jingle “Dhin Chik Dhin Chik” was among the first registrations to obtain sound mark protection, marking an important development in the recognition of non-traditional trademarks in India.

International recording artist Taylor Swift individually owns more than 200 US trademarks. She has filed trademark registrations for her song titles, lyrics, name, initials, signature, album names, and fan club, and has also trademarked various lyrics, particularly from her album 1989. The practice of trademarking is well established in the West — artists such as Beyoncé and Adele have trademarked their songs, lyrics, song titles, and names — but this practice is not yet as prevalent in India.

Penalties Applicable for a Trademark Infringement in the Music Industry

Trademark infringement occurs when someone uses a logo or name that is substantially similar to an already registered trademark in a manner that may create confusion among consumers. Such use, made without the permission of the trademark owner, can cause reputational risk to the owner’s brand, damage the product’s market value, and erode goodwill.

Trademark infringement is a cognizable offence. The civil remedies available include:

• An injunction — an order passed by the court restraining the infringing use;
• Monetary compensation to the trademark owner for the damage sustained due to the infringement;
• An account of profits — requiring the infringer to surrender the profit made through the infringement;
• An order for the destruction of goods bearing the unauthorised trademark; and
• An order requiring the infringer to pay the costs of legal proceedings.

Criminal remedies for trademark infringement include imprisonment of not less than six months, which may extend to three years, and a fine of not less than Rs. 50,000 and up to Rs. 2,00,000.

Role of Patents in the Music Industry

Compared to trademarks and copyrights, patents play a less central role in the music industry; however, they remain important — primarily for protecting technological innovations created or invented by artists and developers that are used in music creation and performances. While copyright law protects song lyrics, compositions, and recordings, patents safeguard innovations such as new musical instruments, audio processing techniques, and technologies that enhance the listening experience and quality of music for consumers.⁶

Patents help protect newly invented or modified instruments — such as Eddie Van Halen’s guitar support system — and can also protect stage lighting systems, sound systems, or other technologies that enhance live music performances. Patents provide creators and developers with exclusive monopoly rights over their inventions for a limited period, helping companies differentiate themselves from competitors. In essence, patents in the music industry relate to technological inventions rather than musical compositions themselves — such as lyrics, audio works, or melodic compositions.

Importance of Patent Protection in the Music Industry

Patents play a crucial role in the music industry, particularly with the advancement of technology and the rise of digital music platforms. Patents promote and protect innovations, giving developers and inventors of new ideas an exclusive monopoly right over their inventions for a limited period. While music compositions and lyrics are protected by copyright and brand elements are protected by trademarks, patents protect the technological tools and processes involved in music creation — from recording and streaming online to live performances.

Patents also cover technologies that manage digital rights, ensuring that copyright holders’ rights are protected and their work is distributed securely. They encompass hardware and software inventions that improve music production, distribution, and playback, including online music streaming services. Patents provide a competitive advantage to companies by preserving their inventions and preventing others from using similar technologies. Patent licences can be granted to other companies, generating revenue and promoting further innovation in the music industry.

Case Law

YRF v Sri Sai Ganesh Productions

Yash Raj Films Pvt Ltd v Sri Sai Ganesh Productions and Others (2013) SCC OnLine Mad 917⁷ is a landmark copyright infringement case in the Indian film industry. The case revolved around the unauthorised remake of the Bollywood film Band Baaja Baaraat by the production company Sri Sai Ganesh Productions.

The decision has made significant contributions to copyright jurisprudence in India, particularly in the realm of film production rights and remedies. The Court established important principles to protect creative works while acknowledging the particular nature of cinematographic works. It held that while many basic plot elements and themes may be common across films, their selection, treatment, and creative expression warrant copyright protection.

The Court’s approach to copyright protection for cinematographic works reflects a mature and layered understanding of creative rights. The Court recognised copyright protection for multiple layers of creative elements in a film, while keeping basic story elements outside copyright protection so that they remain available to all. This is vital guidance for film producers and creators in understanding the extent of their rights and the point at which drawing inspiration may become impermissible copying.

The Court also addressed procedural aspects of copyright protection, establishing jurisdiction through the location of the film’s release — a practical approach for handling copyright infringement conflicts in the digital age, where releases occur simultaneously across many jurisdictions. The ruling buttresses copyright protection in India’s film industry in several important respects:

• It establishes that cinematograph films enjoy broad protection encompassing both tangible and intangible aspects of the work;
• The Court’s expansive interpretation of “copying” extends protection beyond physical reproduction to cover substantial similarity in creative expression;
• The ruling confirms jurisdictional principles in copyright matters, whereby publication within a jurisdiction confers jurisdiction on courts within that jurisdiction; and
• The ruling establishes a significant precedent against illegal remakes, safeguarding the rights of original content creators.

DM Entertainment v Baby Gift House

Daler Mehndi is a renowned Punjabi pop star with a substantial fan base. In order to manage his widely growing career, he established DM Entertainment in 1996. DM Entertainment Pvt Ltd v Baby Gift House and Ors (2004) SCC OnLine Del 639⁸ is a milestone case demonstrating the doctrine of trademark infringement and personality rights under intellectual property law.

The plaintiff, DM Entertainment, held the registered trademark “DALER MEHNDI” and the personality rights of the artist Daler Mehndi. The defendant, Baby Gift House, began producing and marketing dolls bearing the artist’s name and image, thereby profiting from his popularity without authorisation. The plaintiff argued that the defendant’s unauthorised use of the artist’s name for selling products constituted commercial exploitation and caused the public to believe that the products were endorsed by the artist. It was further argued that such exploitation without prior permission infringed Mehndi’s right to publicity.

This case illustrates the significant need for intellectual property rights in safeguarding artists — particularly in the entertainment sector, where personality rights and trademarks are among the most valuable forms of property. It also highlights areas of Indian law that remain largely undeveloped. The case emphasises the obligation on businesses to respect such rights and to refrain from using someone’s image or trademark for commercial purposes without authorisation. It was the first Indian case to recognise and uphold the publicity rights of an artist in the context of merchandising.

Eddie Van Halen’s Guitar Support System

Eddie Van Halen, a virtuosic guitarist and co-founder of the American rock band Van Halen, obtained a patent for a musical instrument support system that allows players of stringed instruments to use both hands freely while performing. Inspired in his childhood by the rock band Dave Clark Five, Eddie began playing guitar while his older brother Alex played the drums. Eddie Van Halen is renowned for his unique two-handed fretboard tapping technique, which gave his band a distinctive sound. To enable both hands to move freely while standing, he invented an adjustable support system for the guitar.

Although celebrated as a guitar virtuoso, Eddie Van Halen was also an inventor and holder of multiple US patents. US Patent No 4,656,917, titled “Musical Instrument Support,” was granted to Eddie Van Halen on 14 April 1987⁹ for a flip-out support device that attaches to the back of an electric guitar. He also held a patent for a guitar peghead — a device designed to help a stringed instrument’s strings maintain tension. [Note to author: please verify the correct patent number for the peghead patent before publication.]

The Van Halen example illustrates that in the music industry, patents protect technological innovations that enhance the performance and creation of music — a distinct but complementary layer of protection to the copyright and trademark protections that safeguard musical compositions and artist identities.

Conclusion

This study of intellectual property in the music industry reveals a wide range of legal issues, demonstrating how crucial it is for artists and creators to navigate the changing digital landscape with an awareness of their rights. The scope of protection available to artists and creators in India’s music and entertainment industry is at an early stage compared to more developed jurisdictions, but the legal framework is clearly evolving.

Intellectual property law ensures that creators can use and commercialise their work without the fear of improper exploitation by others. Copyright protects original musical works — including lyrics, compositions, and recordings — ensuring that the creator has exclusive control over production, distribution, and live performances. Trademarks safeguard brand identities, logos, and names, differentiating creators and their work in the market. Patents cover innovative techniques, technologies, and devices related to music, such as instruments, software, and audio equipment.

The protections provided under intellectual property law encourage creators to produce original work and, in return, help generate income through various means, including licensing, royalties, and legal settlements, while protecting against infringement and ensuring fair compensation.

In today’s ever-evolving world of music, where consumer preferences change rapidly, Intellectual Property Rights play a pivotal role in shaping the careers of new artists and the trajectory of the industry as a whole. Even though not all music creations are covered by patents, innovative music technologies are changing the way people create, listen to, and experience music. Advances in technology are not limited to the design and construction of musical instruments — they affect every stage of the music-making process, from creation and recording to distribution and live performance, allowing artists and audiences alike to participate more fully in the world of music.

Reference(S):

Cases

DM Entertainment Pvt Ltd v Baby Gift House and Ors (2004) SCC OnLine Del 639.

Indian Performing Right Society Ltd v Eastern India Motion Pictures Association (1977) 2 SCC 820.

M/S Indian Record Manufacturing Co Ltd v Agni Music Sdn Bhd (2010) SCC Online Mad 2364.

Yash Raj Films Pvt Ltd v Sri Sai Ganesh Productions and Others (2013) SCC OnLine Mad 917.

Legislation

Copyright Act 1957 (India).

Copyright Rules 2013 (India).

Patents Act 1970 (India).

The Trade Marks Act 1999 (India).

Patent

US Patent No 4,656,917, ‘Musical Instrument Support’, issued to Edward Van Halen (14 April 1987).

Footnote(S):

¹ M/S Indian Record Manufacturing Co Ltd v Agni Music Sdn Bhd (2010) SCC Online Mad 2364.

² Copyright Act 1957 (India).

³ Copyright Rules 2013 (India).

⁴ Indian Performing Right Society Ltd v Eastern India Motion Pictures Association (1977) 2 SCC 820.

⁵ The Trade Marks Act 1999 (India).

⁶ Patents Act 1970 (India).

⁷ Yash Raj Films Pvt Ltd v Sri Sai Ganesh Productions and Others (2013) SCC OnLine Mad 917.

⁸ DM Entertainment Pvt Ltd v Baby Gift House and Ors (2004) SCC OnLine Del 639.

⁹ US Patent No 4,656,917, ‘Musical Instrument Support’, issued to Edward Van Halen (14 April 1987).