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NATIONAL LAW UNIVERSITY ODISHA, CUTTACK

SUBJECT: INTELLECTUAL PROPERTY RIGHTS
TOPIC: SYNOPSIS OF PROTECTION OF MUSICAL WORKS: A COMPARATIVE
STUDY OF US AND INDIA

SUBMITTED TO:
PROF. Amarendra Kumar Ajit
[ASSISTANT PROFESSOR OF LAW]
SUBMITTED BY:
AVILASH KUMBHAR [2012/ B.B.A. LL.B. / 015]

Session: July- November, 2015

INTRODUCTION
A copyright is a form of intellectual property since the product over which the right is granted is
the result of utilization and investment of intellect. It grants a monopoly rights restraining others

The project goes on to explain the difficulty in substantial similarity test i. originality and fixation. Section 2(p) defines ‘Musical Work’ as a work consisting of music and includes and graphical notation of such works but does not include any words or any action. intended to be sung.e. When an author provides his work to anyone for further work to be initiated and the end result is different but a part is derived from the former work of the author and even though will be eligible for copyright. Circumstantial evidence requires the act of access and substantial similarity. Use of Expert evidence has also dealt with in this project 2 | Page . Copyright is recognized in original musical work under Copyright Act 13(1) (a). For infringement 2 requirement needs to be fulfilled. only form is protected not the underlying idea and the form includes both literal and not literal components and the judicial interpretation on how similar the expression must be. It explains how the courts rely more on circumstantial evidence because direct evidence is not possible and no actual work of copying is o record except for the alleged act itself.e. This project goes in detail about these two fundamentals.from exercising that rights which has been conferred on the owner of copyright. 1st being Ownership and second is copying of the original act. There are generally two fundamental criteria for a work to qualify as copyrightable i. spoken or performed with the music.

2 Concept of Ownership and Authorship 2.10th Ed.2 Scope of Protection of Musical Work 3.6 Exceptions to Infringement 3.1 General Overview 2.4 Infringement 3.3 Nature of Rights Available to the Author 2.5 Limitation on Liability 3. The scope of protection which was earlier restricted to literary and artistic work now extends to musical work also.3. moral and economic 1 Law of Copyright and Neighboring Rights: National and International Perspective Lexis Nexis 2007.1 Legal Framework 3. INTRODUCTION 2.5. Ralph S. 2 Copyright – Unfair Competition and related topics bearing on the protection of works of authorship.Brown & Robert C.1 Economic Right 2. Denicola 2 give Substantial attention to protection of musical work in United States.S. COPYRIGHT OF MUSICAL WORK IN INDIA 2. COPYRIGHT OF MUSICAL WORK IN U.3. 3 | Page .K Ahuja1 discussed the protection of musical work under Indian Copyright Act 1957 with specific reference to International Standards.5. PROTECTION IN DIGITAL AGE REVIEW OF LITERATURE V.3 Calculus of Rights 3. The reason cited by him is technological innovation.2 Moral Right 2. Copyright and its many cousins – unfair competition. PROTECTION OF MUSICAL WORK – AN INTERNATIONAL PERSPECTIVE 5.4 Terms of Copyright 2.1 Fair Use 3.CHAPTERIZATION 1.5 Infringement of Copyright 2.2 Contributory Infringers 3.6 Contract Interpretation with respect to New Use 4. 3.

infringement and remedies of both India and United States. 10 Michigan Telecommunications And Technology Law Review. Keyes J.Narayanan4 expressed that adaptation of musical work are usually called arrangement.e. The author in this literature clarified very well that the internet has become a new liberator of the music industry. The section dealing with musical work has been referred to from this literature. P. ownership. it is essentially not anymore important nor useful for copyright holders to secure their copyright the 3 Intellectual Property. The internet has shaped new potential for distribution of intellectual property and music is at the front position of that insurgency. It is a compilation of cases of United States developing law of Copyright. can either the Congress or the courts effectively secure to authors the exclusive rights to their works? Who is an “Author”? What is a “Musical work”? What are his rights and what. 5 Wendy Pollack .rights – continue to expand. transfer. on the other hand is “Fair use”? Micheal A. 4 | Page .M Keyes. Kluwar 4 IPL Eastern law House 2001 3rd Ed. condition. social and specialized substances of the world music since music assumes a noteworthy part in affecting society now than even in America's history. but the author still failed to show how musical works can be protected on the internet as he called it a savior of the music industry. 6 J. In the 1 st part it discussed the subject matter of protection. 68 Fordhan Law Review. In the face of emerging technologies. (2004)6 proposed to reconsider if the present copyright regulation as to music bodes well in relation to history.. duration. exclusive rights. Each such adaptation or arrangement is musical work provided there is a sufficient element of intellectual creation there is no need for the ideas embodied in the arrangement be novel. 5th Ed. 407-444 (2004). ‘Musical Musings: The Case Of Rethinking Musical Copyright Protection’. national. Epsteine3 which is divided into 3 parts i. Pollack. ‘Tuning In: The Future Of Copyright Protection For Online Music In The Digital Millennium’. 2445 (2008). W5 emphasized that copyright law and its subject matter are progressively fitting in our day-to-day lives. international and EU.

However.Sagepub. 7 Rajneesh Kumar. 6:1 (2005).same way they have been capable for quite a long time. Although India as a signatory to the WTO and other international conventions followed this norm. at least in the case of Tagore’s works. that is. in 1991 the domestic regulation was amended to extend the period to 60 years. Available At Http://Gbr. strengthened property rights (and the consequent monopoly hold) were expected to augment consumer welfare. Singh Rajneesh Kumar7. 5 | Page . The issue of treating phonogram as a subject different from authorial right category has been raised. The TRIPS agreement under WTO has set the copyright protection period for literary works at 50 years in order to ensure minimum protection necessary to induce authors to create and disseminate their works.Com/Content/6/1/55. Rather it ought to be viewed as a compulsory license framework that permits borrowing from pieces of music till of the borrower pays a charge for doing as such. the first Nobel Laureate of India.Full. copyright. ‘The Status Of Phonogram Producers Under Indian Copyright Law’. the trade-off between the author’s right over his creation and its public dissemination has always been a debatable question. for 10 more years. 5(6) (2010) 429-434. It highlights the importance of moral rights for phonogram producers and explores the possibility in the Indian act. Copyright Protection and Consumer Welfare. Author’s rights over his creations.Pdf+Html. was granted and later standardized in the international conventions. by keeping the copyright with the right holder. This article proposes that the requirement of originality differentiates a phonogram from other ‘works’ under copyright law. Viswabharati Trust. 8 Bibek Debroy Debashis Chakraborty Arup Guha. The driving motive was to facilitate availability of the works of Tagore. Global Business Review. The status of phonogram in the digital environment has been examined to explore the possibility of any amendment in the Indian law to face the challenges. Journal Of Intellectual Property Law & Practice. In other words. The article8 analyses outcomes of this regulation and concludes that the purpose has not been fulfilled.

not the ideas themselves. Hein Online. copyright law protects only the form of expression of ideas. Whether there is any point of difference in protection granted to musical work in India and U. RESEARCH QUESTION       What is the position of protection of musical work in Indian and US copyright Regime? What are the nature of rights available in India and US? What is legal framework of exception to liability of infringement? In case of infringement.S are the forces on this work. OBJECTIVE AND SIGNIFICANCE The primary object of this paper is to strictly deal with the protection of the musical work in India and US comparatively and analyze the entire law.RESEARCH METHODOLOGY STATEMENT OF PROBLEM: Unlike protection of inventions. In doing so. The right of the copyright owner to prevent others from making copies of his works without his authorization is the most basic right protected by copyright legislation. SCOPE. SCC. The author in this paper restricts the scope of the paper to the issues raised in the research question there by do not claim to be dealt with any other research questions as prescribed in the paper only. the author also makes references to nature of rights. colors and shapes. musical notes. various online pages and most importantly the books of copyrights. Methodology adopted for this paper is secondary sources of data available from the Manupatra. what are the underlying fundamentals to decide on? What is the position of protection in the digital age? Where does the protection under Indian regime stand as compared to U.? 6 | Page . This work will analyze on what forms the legal basis for many forms of exploitation of protected works.S. Thus theoretical framework is used to study the entire concept of copyright protection and licensing the use of such work in India as well as in US. and Intellectual Property law Journal. The creativity protected by copyright law is creativity in the choice and arrangement of words.

com www. Bharat Law House 1999 Melville B. Vikas Vasishth law and practice of IP in India. Nimmer on Copyright (Matthew Bender & Co. 3rd Edition. V. Intellectual Property Law.  Montagu & Weston Legal Companion. 1998). Nimmer and David Nimmer. Intellectual Property Laws.com www.com Niscair.sagepub.Baden Powell.BIBLIOGRAPHY: BOOKS   P.com Manupatra.res.oxfordhandbook. Ahuja.online. ONLINE SOURCE         Jstor. Eastern Law House. Narayanan.K. Edition 2009.com HeinOnline. Intellectual Property and Media Law Companion. Dr.com IndianKanoon. Volume 2. “Law of Copyright and Neighboring rights: National and International   Perspectives”.com 7 | Page . Ed. Lexis Nexis  Butterworths Wadhwa. Lexis Nexis. 4th Edition.in Spicyip. Rama Sarma.