By Shambhavi
Explore expert insights on copyright and IP rights with Manojna Yeluri. Learn how to protect your work and thrive as an artist in the digital age.
Copyright and intellectual property rights are the backbone of protecting the hard work of songwriters and music composers. They’re the legal safeguards that ensure creators have exclusive rights to their compositions, lyrics, and arrangements. These rights give them control over how their work is recorded, performed, and distributed along with other uses.
But why does it matter so much? Well, imagine pouring your heart and soul into crafting a song, only to have someone else claim it as their own or profit from it without your consent. It’s not just about money; it’s about respect for creative effort and maintaining the integrity of artistic expression. That’s where copyright comes in!
In today’s digital age, where content can be easily shared and replicated – protecting creative work is more important than ever. Without copyright and intellectual property rights, there would be little incentive for artists to continue innovating and creating new music. It’s about ensuring that everyone involved in making the song gets the credit and compensation they deserve for their contributions.
So, when we talk about copyrights and intellectual property rights for musicians in general, we’re not just talking about legal technicalities but also about the fundamental principles that allow creativity to thrive and artists to make a living from their craft. It’s a serious matter that deserves attention and respect from everyone involved in the music industry. In order to better understand the legality of this, we at GMI, had the opportunity to sit down with Manojna Yeluri, an artist rights, entertainment, and intellectual property rights lawyer. Founder of Artistik License, she is the Asia Regional Representative for Artists at Risk Connection program. In this blog, you’ll discover the valuable perspectives and practical advice shared by Manojna, offering a seasoned point of view on how creators can safeguard their artistic endeavors. So, hop on and glean from her expertise as we explore the concepts of copyright and intellectual property rights in music.
Take a look at “Unraveling Copyright Law in India”, a blog by Madverse to know the definitions of different types of copyrights
Available resources to help artists navigate and understand domestic and international copyright laws and treaties (can this be in an interactive creative style? Like in a box in the present sequence but the box separates it from the general text of the blog)
Introduction to International Copyright Law – Copyrightlaws.com
1. Understanding the Pitfalls
Common Mistakes
When it comes to technicalities of law, it is understandable that many might get confused or easily misled. However, whether you’re a seasoned songwriter or just starting out, understanding copyright and intellectual property rights is key to safeguarding your creative legacy. It’s not about being a legal expert; it’s about knowing your rights and standing up for what’s yours in the world of music.
Having insufficient or lacking understanding of ‘fair use’, not registering for copyrights, unclear licensing, etc. are common mistakes made by artists. When discussing this matter with Yeluri, she outlined her top three most prevalent mistakes that both new and seasoned artists often make when it comes to protecting their work and navigating legal issues:
- The tendency to engage in collaborations or projects without solidifying agreements in writing. There’s often a lack of clarity regarding project expectations, investment of time and money, or royalty expectations, leading to misunderstandings down the line. The music industry is really an ecosystem of relationships and this verbal approach hampers transparency and trust between artists and labels.
- Another common mistake is being dismissive about who owns the rights to an artist’s work.
- Additionally, when artists sign with a record label or management agency that operates as a hybrid, they sometimes mistake an advance payment for a regular payment. In reality, an advance functions more like a loan. Many artists forget to clarify whether the advance is recoupable or not, which can have significant financial implications.
Practical Strategies for Protecting Creative Work
Practical strategies for artists, to enforce their copyright and protect against unauthorized use or infringement of their music, include formally copyrighting their work. In India, this can be done either through an agent/lawyer or independently by visiting copyright.gov.in, where instructions are available for filing a copyright application.
While it’s crucial to be aware of the ability to claim protection for their work, artists should also recognize that in today’s digital age, infringement may still occur. So, instead of solely focusing on avoiding infringement, it’s beneficial for artists to understand what steps to take if they suspect their work has been infringed upon, in order to address the issue effectively.
Additionally, India being part of the Berne Convention is a big win for artists. This treaty is built on three key principles: national treatment, automatic protection, and independence of protection. This means artists are treated fairly worldwide without jumping through hoops. It covers everything from protecting their work to ensuring they get credit and have a say in how it’s used. Plus, it allows some uses without permission, especially for educational purposes. It also includes provisions to assist developing countries with licenses for educational translations and reproductions.
2. Understanding Fair Use and Contract Negotiation
Fair Use in context of remixing and sampling
In India, we use “fair dealing,” while in the USA, it’s referred to as “fair use,” but they’re not exactly the same. Fair use and fair dealing are similar concepts rooted in exceptions to copyright infringement. Fair use, used in the US, is stronger than fair dealing in India. Both allow for certain exceptions, such as for educational purposes or critique, aligning with the right of free expression.
However, relying solely on these exceptions, especially for sampling or remixing, isn’t a reliable strategy because it requires proving exceptionality. The only real exception is when the original material is in the public domain or freely available for use. Take “Nimboda Nimboda” from “Hum Dil De Chuke Sanam” for instance, the song is originally from Rajasthan’s Manganiyar tribe, but since folk music isn’t copyright protected, the tribe got no credit or cash from the film.
This difference in the degree of strict interpretation of fair use and fair dealing usage can be marked as a key difference between copyright rules in India and other parts of the world with socio-political and judicial factors being the second on list.
A new problem with the emergence of AI is arising i.e. the generation of music using AI powered softwares. We’re still ironing out the regulations for such pieces and it is increasingly becoming crucial to do so.
Key Clauses in Contract Negotiation
When negotiating contracts with record labels or streaming platforms, independent artists should focus on several key clauses and terms including:
- Advance Payment: Clarify the terms surrounding any advance payments to avoid misunderstandings.
- Term of the Contract: Understand the duration of the contract.
- Rights Term: Pay attention to how long the label retains rights to your music.
- Termination Clause: Ensure there’s a clear process for terminating the contract if necessary.
- Royalties: Understand the royalty split and what the label promises to provide in return. This includes investment in promotion, marketing plans, potential management opportunities, etc.
To tackle music creators’ discontent with the streaming business model, a worthy mention of the Broken Record Movement becomes necessary. The movement has been led by musician Tom Gray since April 2020 and is all about shaking up how musicians are treated in the streaming era, with a focus on the financial side of streaming services. They argue that the current “pro-rata” or “revenue share” model mostly benefits top artists, leaving most struggling. Broken Record wants to change that by pushing for a fairer system that pays artists based on actual listenership. They’re lobbying for reforms, especially in the UK, to regulate streaming services and ensure artists get a fair deal under copyright law.
Check out Reshaping Royalty Models to know what Spotify did to tackle current issues within streaming
3. Risks and Challenges for Artists in Asia
Manojna, serving as the Asia Regional Representative for the Artists at Risk Connection program, is the go-to person for insights into the specific risks and challenges faced by artists in Asia regarding artistic freedom and censorship. According to her, we often perceive artists, particularly musicians, solely as creators of entertainment or creative expression. However, our world is growing more complex due to various differences, and musicians have long played a pivotal role in social movements and advocating for justice with music serving as a powerful tool for communicating solidarity and dissent. One prevalent issue across Asia, especially among musicians, is the increasing restriction on the right to free and creative expression, with self-censorship being a consequential concern.
Closing Thoughts
No doubt about it, we shall be optimistic about the growth of the South Asian music scene, both for musicians living in the region and those in the diaspora. We’re finally recognizing the need for action and embracing the diversity of voices, which is being amplified through streaming platforms and various projects. We’re also seeing growth in infrastructure, with more independent labels and music tech companies emerging from South Asia, like Madverse. But alongside this optimism, it’s crucial to recognize that there’s still a lot of work to be done. Whether it’s in terms of culture, socio-politics, creative expression, or entertainment, we need to focus on making the music ecosystem safer, more inclusive, and more diverse.