India has a rich musical heritage, be it
classical, devotional or popular music. The popular music industry is
influential to such an extent that it sometimes determines the success of a
film or a label. Traditionally, singers and musicians are hired by record
companies, film producers and the music director for a fixed amount. Even if a
song is a hit, the singer had to be content with whatever had been agreed to.
The music business, unlike the large Hindi
film industry does not share its profits
with actors, directors or producers.
Hence, there was a need for amending the
existing copyright law, which was different from other countries. The amended
act provides more avenues and the prospect of profit sharing to singers and
musicians of all genres, primarily popular ones. This has been done to ensure
that those who are responsible for generating revenues from hit songs are paid
their due. The series of amendments which aim at updating existing laws on line
with the World Intellectual Property Organisation (WIPO) can have widespread implications on how royalty rates are decided,
shared and distributed among producers and singers.
The Copyright (Amendment) Act, 2012 awaits
the sanction of the President of India to become law. It has already been
passed by the lower house of the Parliament. It also specifies that any work of
a producer of a radio or TV programme will be subject to royalty if it is broadcast. Robin Gibb, the co-founder
of the band, ‘Bee Gees’, who died recently had recommended a change in the
existing copyright laws as they were different and discriminatory from the laws
prevalent in the rest of the world. He was the president of the International
Confederation of Societies of Composers and Singers. Union HRD Minister Kapil Sibal also was in favour of the
amendment and played an important role in the passing of the bill in the Lok
Sabha.
Eminent lyricist, Javed Akhtar, singer Lata
Mangeshkar, Kailash Kher and others welcomed the amended act. There are others
who feel that the payment to singers and musicians will now depend on the
revenue generated by their creations. So, it has actually become a gamble. But,
the fact is, the act will protect those artists who had to face poverty at the
end of their career.
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