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Citation – AIR 1977 SC 1443
Note – Please consult the Copyright (Amendment) Act, 2012 to check the current position of law.
| IPRS –> | Producer –> | Composers/Lyricist |
| Society charging fees for public performances of musical works. | Objected claiming that they are the first authors and they shouldn’t pay any fees |
The original composers do not get right to their work. |
Facts:
- IPRS was a company incorporated for charging fees for granting licenses for performance in public of all existing and future Indian Musical works.
- The Producers Association objected to this under section 34 of the Copyrights act claiming that the producers being the authors and first owners of the copyright in the cinematographic films.
- The Cinematograph Exhibitors Association of India also objected to this. They averred that Copyright in a cinematographic film which vested in the producers meant copyright in the entirety of the film including the musical work incorporated in the soundtrack of the film and the right to perform the work in the public.
Issue: Whether the composer of lyric or musical work retains the copyright in the lyrics or the music work after he has allowed the producer to use that lyric or music in the cinematographic film?
Procedural History: Copyright Board held that the composers of lyrics and music retained the copyright in their musical works incorporated in the soundtrack of cinematographic films provided such lyrical or musical works were printed or written and that they could assign the performing right in public to the IPRS. It also held that IPRS could collect fees and charge royalties in respect of those films. High Court reversed the order. Hence this appeal by IPRS.
Holding: The Court held in the favour of the producers ordering that they are the first owners of the cinematographic film. And since there is a contract of service and the film is made on the direction of the producers, they will have right over the soundtrack and IPRS can’t charge any fees.
Analysis:
- A composer who composes a lyric or music for the first time for a valuable consideration for a cinematographic film does not acquire any copyright. The owner of the film at whose instance the composition is made becomes the first owner of the copyright in the composition.
- The composer can claim a copyright in his work only if there is an express agreement between him and the owner of the cinematographic film reserving his copyright.
- Though Section 18 of the Act confers power to make a contract of assignment, the power can be exercised only when there is an existing or future right to be assigned and that in the circumstances of the present case, assignment, if any, of the copyright in any future work, is of no effect.
Rule: The rights of the music composer or lyricist can be defeated by the producer of a cinematographic film in the manner laid down in provisos (b) and (c) of Section 17 of the Act.
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