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Musical Works Tag

BananaIP Counsels > Posts tagged "Musical Works"

Entertainment Law and Copyrights: Sound Recording, Literary & Musical Works and Right to Royalty – Part 4

The featured image shows a mic in a sound recording studio. To read more about this, click here. Entertainment Law and Copyrights: Sound Recording, Literary & Musical Works and Right to Royalty – Part 3

Continued from Part 3, read part by clicking here. Conclusion Reiterating that said earlier, sound recording consists of the acoustic portion including a lyric or a musical work despite which underlying works do not lose their existence upon a sound recording being made but remain exclusively mutual. However, the anomaly of the provision of the Act that grants the authors of musical & literary work and authors of sound recording the right to communicate to public their work has questioned the independent existence of the said works during the coalescence of the two. Courts have in the recent past clearly opined that when...

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Entertainment Law and Copyrights: Sound Recording, Literary & Musical Works and Right to Royalty – Part 3

The featured image shows a mic in a sound recording studio. To read more about this, click here. Entertainment Law and Copyrights: Sound Recording, Literary & Musical Works and Right to Royalty – Part 3

Continued from Part 2, read part by clicking here. Music Broadcast Private Limited v. Indian Performing Right Society Limited, SUIT NO. 2401 OF 2006 Facts of the case The Plaintiff (Music Broadcast Private Limited) engaged in business of establishing, operating and maintaining FM Radio broadcasting stations in various cities of India sought a declaration that the Defendant (IPRS) is not entitled to demand or recover royalty and/or license fee in respect of broadcast of sound recordings at its FM Radio Stations. Further the Plaintiff sought a permanent injunction restraining the Defendant from demanding or claiming or making any claim in respect of or...

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Entertainment Law and Copyrights: Sound Recording, Literary & Musical Works and Right to Royalty – Part 2

The featured image shows scrabble tiles arranged to form the word "Copyright". To read more about this, click here.

As discussed in Part 1 of this post Section 13(4) of the Copyright Act[1] recognizes that there is separate copyright in the underlying musical and literary works which are embodied in a cinematographic film or sound recording[2]. Therefore, underlying works do not lose their existence upon a sound recording being made but remain exclusively mutual[3]. But this question becomes pertinent because the Act grants both authors of the musical & literary work and authors of sound recording the right to communicate their work to public. Parties’ akin radio stations, event management companies and other commercial establishment have time and again questioned...

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Entertainment Law and Copyrights: Royalty Rights in Sound Recordings, Lyrics & Musical Works – Part 1

The featured image reads 'all rights reserved'. This post talks about the Entertainment Law and Copyrights involved in Royalty Rights in Sound Recordings, Lyrics & Musical Works. To read more, please click here.

Quick bite: Dear readers, the following post is brought to you by the Media and Entertainment law experts of BananaIP (BIP)Counsels. This post is the first in its series and promises to engage your grey matter. This post will essentially help you understand the Entertainment Law and Copyrights surrounding Royalty Rights in Sound Recordings, Lyrical & Musical Works. Colloquially used word music/song is more than melody or harmony reduced to print, writing or graphic form[1]. Music is a language with a universal appeal. Music in itself is healing. It's an explosive expression of humanity. It's something we are all touched by. No...

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