The music industry has seen a transformation due to the swift progress of digital technology, which has resulted in the widespread adoption of music sampling and remix culture. Even though these methods foster creativity, they present serious legal problems in terms of copyright infringement. This area is mostly governed by the Indian Copyright Act, 1957 in India. This blog explores the copyright concerns related to India’s culture of music sampling and remixing, goes into detail about pertinent portions of the Indian Copyright Act, and talks about two significant case laws.
Recognising the culture of music sampling and remixing
Music Sampling is about using a portion of an already-existing sound recording to create a new piece of music. Any recognisable sound from the original recording, such as a percussion, guitar riff, vocal sample, or other, can be included in this. Sampling can be altered to suit the creative vision of the new work and can take many forms, from brief excerpts to lengthier passages1.
Remixing is the process of changing certain parts of an existing song to create a new version of it. This can involve altering the song’s portions, adding new vocal or instrumental recordings, adjusting the speed, and using a variety of audio effects. Remixes frequently keep certain identifiable elements of the original song while presenting it in a fresh and innovative manner2.
Evolution and historical context
Sampling began in the 1960s and 1970s with the introduction of musique concrete and early tape loop experimentation. But sampling became a common musical approach in the late 1970s and early 1980s with the rise of hip-hop. Samples from rock, funk, and soul records were used by musicians like Grandmaster Flash and the Sugarhill Gang to produce new songs that connected with their listeners3.
In a similar vein, the rise of electronic dance music in the 1980s contributed to the popularity of remix culture. Popular songs would be remixed by DJs and producers to fit the dance floor; this would frequently involve lengthening the beats, adding fresh breakdowns, and boosting the basslines. Remixes, which offer new interpretations of well-known songs, became commonplace in bars and on the radio4.
Key provisions of the indian copyright act,1957
Section 13: Eligibility for Copyright Protection
According to this section, sound recordings and musical compositions are protected by copyright. As a result, this clause protects original compositions and recordings, giving rise to legal grounds for infringement claims in the event that these works are exploited without permission.
Section 14: Exclusive Rights of Copyright Holders
The exclusive rights to reproduce, distribute, perform, and communicate a musical composition to the public are granted to the author by Section 14(a). Section 14(e) gives producers identical rights with regard to sound recordings. Because of these rights, any unapproved copyrighted work performance, distribution, or reproduction may be considered infringement.
Section 51: Infringement of Copyright
This section outlines what constitutes copyright infringement. It encompasses the unapproved duplication, dissemination, and modification of a work protected by copyright. This means that exploiting any portion of a copyrighted sound recording or composition without authorization may be considered infringement when it comes to music sampling and remixing.
Section 52: Exceptions to Copyright Infringement (Fair Dealing)
Fair dealing, which is defined as an exception to what would otherwise be deemed infringement, is listed in Section 52. The use of copyrighted materials for scholarly, critical, or review purposes is one of these exceptions. Fair dealing, however, has limited application when it comes to music sampling and remixing because it depends so much on the context.
Copyright issues in music sampling and remix culture
Permission and Licensing
Getting the required consents and licences from the copyright holders is one of the main legal challenges. This covers the sound recording producers as well as the composers and lyricists of the musical piece. If these permits are not obtained, there may be legal challenges and infringement accusations.
Moral Rights
Authors have moral rights under Section 57 of the Indian Copyright Act, which include the right to attribution and the right to protest when their work is disparaged. This means that, when it comes to remixes, the original artists have the right to protest if their work is changed in a way that offends or denigrates them.
Fair Use and Transformative Works
It can be difficult to decide if a sampled or remixed work falls within Section 52’s definition of fair use. Courts frequently consider whether the new work transforms the old, giving it new life or significance. But this evaluation is arbitrary and depends on the circumstances of each instance.
Economic Rights
At the core of issues involving sampling and remixing are frequently the economic rights of copyright holders, notably the right to receive royalties. Unauthorised use of a work protected by copyright may result in financial loss for the original producers.
Digital Sampling and Technology
Sound recording manipulation and copying are now simpler due to advanced digital sampling technologies. The simplicity of technology also makes it more difficult to monitor and enforce copyright, which makes it more difficult for copyright holders to prevent unauthorised use of their works.
Landmark case laws
Two landmark cases in India provide significant insights into the legalities of music sampling and remix culture: Gramophone Co. of India Ltd. v. Super Cassettes Industries Ltd. and Indian Performing Right Society Ltd. v. Aditya Pandey.
Case 1: Gramophone Co. of India Ltd. v. Super Cassettes Industries Ltd 5
Facts: Super Cassettes Industries (SCI) was sued by Gramophone Company of India (GCI) for allegedly utilising their sound recordings without permission. SCI argued that it had licences from the original works composers and lyricists.
Issue: The main question was whether copyright was violated when SCI used GCI’s sound recordings without their express consent.
Judgement: The Supreme Court decided in GCI’s favour, concluding that SCI had violated GCI’s Copyright Act exclusive rights by its acts. The Court stressed that licences from composers and lyricists are insufficient to allow the use of sound recordings, as sound recordings are different from musical compositions. The ruling made clear how important it is to get the right permissions from sound recording owners independently of the underlying musical works.
Analysis: The significance of upholding the unique rights of record producers was highlighted by this case. It reinforced the protection of producers’ rights by setting a clear legal precedent that separate licences are needed for exploiting sound recordings.
Case 2: Indian Performing Right Society Ltd. v. Aditya Pandey6
Facts: Aditya Pandey was charged by the Indian Performing Right Society (IPRS) with unauthorised use of musical compositions during a public performance. According to Pandey, the performed compositions qualified as fair use because they were remixes and adaptations.
Issue: The main question was whether it was illegal to perform musical compositions that had been altered and remixed without the original writers’ consent.
Judgement: The Supreme Court ruled that it is copyright infringement to perform modified or remixed works without the original writers’ or rights holders’ consent. The Court decided that the original authors have the only authority to approve performances of their works, even if they are modified.
Analysis: This ruling made it clear that author’s exclusive rights cover all modifications and derivative works. It reaffirmed that, even when presenting modified or remixed versions of the works, artists and performers must obtain licences from the original writers. This case guaranteed that authors’ rights would be strongly protected against unapproved public performances.
References
1 Narayanan, P. (2017). Intellectual Property Law. Eastern Law House.
2 Cornish, W. R., & Llewelyn, D. (2010). Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights.
3 Basheer, S., & Kochupillai, M. (2010). “The Indian Copyright Law and Digital Technologies: A Study in Future Proofing.” Journal of Intellectual Property Rights, 15(4), 235-242.
4 Ghosh, R. (2011). “The Impact of International Treaties on the Indian Copyright Law.” Indian Journal of Intellectual Property Law, 3(1), 45-58.
5 Gramophone Co. of India Ltd. v. Super Cassettes Industries Ltd., AIR 2000 SC 2664.
6 Indian Performing Right Society Ltd. v. Aditya Pandey, AIR 2012 SC 195.
Author: Harini.S, 2nd year LL.B student, at Sathyabama Institute of Science and Technology.
