1. Introduction
1.1 Background and Significance of Copyright in Music
Music is everywhere today — from Bollywood blockbusters and streaming playlists to reels and remixes on social media. But behind every song we enjoy lies the creative work of lyricists, composers, singers, and producers. Protecting their creativity is where copyright law comes in.
In India, copyright is not just a legal safeguard — it’s the backbone of the music industry. It ensures that artists get recognition and fair payment for their work, while also creating rules for how music can be used, shared, or remixed. Without copyright, piracy, unauthorized remakes, and unfair royalty practices could easily discourage artists from creating. That’s why copyright has become so significant in an age where music spreads faster than ever across digital platforms.
1.2 Objectives and Scope of This Blog
The aim of this blog is to explore how copyright impacts the Indian music industry. We’ll be looking at:
- The basic rights artists and producers hold under copyright.
- Real challenges faced today, especially with digital platforms like YouTube and Spotify.
- Famous disputes and court cases that shaped the way music copyright works in India.
- New-age issues like AI-generated songs, mashups, and NFTs.
While the focus will be on India, we’ll also glance at how things are handled in other parts of the world like the US and Europe to see where India stands.
1.3 How This Blog Is Structured
This blog takes a storytelling approach — we’ll start by going back to the origins of copyright in music and then move step by step into modern issues like streaming and remixes. Along the way, we’ll dive into landmark court cases and highlight how they changed the music scene. Toward the end, we’ll look at future challenges and reforms that could help make the system fairer for creators and listeners alike.
So whether you’re an artist, a law student, or just someone who loves music, this journey will give you a clearer picture of why copyright is so important to the songs we enjoy every day.
2. Evolution of Copyright in the Music Industry
2.1 Historical Overview of Copyright Law in India
Copyright law in India has an interesting journey that mirrors the growth of its creative industries. The very first copyright legislation dates back to the colonial era — the Indian Copyright Act of 1914, which was modeled on the UK law of that time. Back then, the main concern was protecting books, art, and plays, since the music industry wasn’t as commercially organized.
The big turning point came with the Copyright Act of 1957, a comprehensive law passed after independence. This Act recognized music as a separate category of creative work, covering lyrics, compositions, and sound recordings. Over time, amendments were made to address new challenges:
- In 1994, the law was updated to include computer programs and to strengthen rights in sound recordings.
- The 2012 amendment was particularly important for the music industry — it guaranteed royalty rights to authors (like lyricists and composers) even if they assigned their rights to producers or music labels. This was a big win for creative professionals who often lost out on fair compensation.
Today, the 1957 Act, with its many amendments, continues to be the backbone of copyright law in India.
2.2 International Developments and Their Influence
No country can look at copyright in isolation, especially in music, where songs travel globally within seconds. India has aligned itself with international copyright standards through several treaties and organizations:
- Berne Convention (1886): India became a signatory in 1928. This treaty requires member countries to give foreign works the same protection as domestic works. For music, this means an Indian song is protected in other Berne countries, and vice versa.
- WIPO (World Intellectual Property Organization): India is a member of WIPO, which plays a major role in shaping global copyright policies, especially with the rise of digital technologies.
- TRIPS Agreement (1995): Under the WTO framework, TRIPS (Trade-Related Aspects of Intellectual Property Rights) pushed India to strengthen its copyright laws in line with global trade obligations. This was crucial in making India’s music industry more competitive internationally.
These global influences have ensured that Indian copyright law is not outdated, though enforcement continues to be a challenge.
2.3 Growth of the Indian Music Industry and Copyright Relevance
The Indian music industry has grown dramatically over the decades. In the early years, music was primarily linked to films — and Bollywood remains a dominant force even today. Songs from Hindi, Tamil, Telugu, and other regional films continue to shape India’s cultural and commercial music scene.
However, the rise of independent music, live performances, and digital platforms has diversified the industry. According to recent industry reports, India’s music sector is one of the fastest growing in the world, driven by affordable internet, smartphones, and streaming platforms like Gaana, JioSaavn, Spotify, and YouTube.
This rapid growth has also brought copyright into the spotlight. Issues like:
- Unauthorized remixes being uploaded online,
- Piracy through illegal downloads and websites, and
- Fair royalty payments to artists from streaming platforms,
…all highlight how essential copyright law is in ensuring the industry remains fair and sustainable. For musicians, copyright isn’t just a legal term — it’s their livelihood.
3. Copyright Framework in Indian Law
3.1 Key Provisions of the Indian Copyright Act, 1957 (as amended)
The Indian Copyright Act, 1957 is the backbone of copyright protection in India. It was designed to safeguard creative works, including music, lyrics, and sound recordings. Over the years, several amendments have kept it updated, especially with the rise of new technologies.
Some important highlights for the music industry include:
- Section 13: Recognizes music, lyrics, and sound recordings as separate categories of protected works.
- Section 14: Grants authors the exclusive right to reproduce, perform, communicate, and adapt their works.
- 2012 Amendment: A landmark change for musicians — it ensured that lyricists and composers receive royalties for their work even after assigning rights to producers or music companies. This meant artists could no longer be completely sidelined in revenue sharing.
- Term of protection: For most musical works, copyright lasts for the lifetime of the author plus 60 years.
This legal framework ensures that music creators don’t lose control of their creations and can benefit financially over the long term.
3.2 Rights of Authors, Performers, and Producers
The Act clearly defines rights depending on the role of each stakeholder in the music industry:
- Authors (Lyricists & Composers): They hold rights over the literary and musical elements of a song. For example, a lyricist owns the words and a composer owns the tune. Their rights include reproduction, public performance, and communication to the public.
- Performers (Singers & Musicians): Performers enjoy what’s called “performer’s rights” under Section 38 of the Act. These rights allow them to control live and recorded performances. With the 2012 amendment, performers also gain the right to royalties from commercial use.
- Producers (Music Companies/Labels): Producers invest in the recording and production process, so they hold rights in the sound recording. This gives them control over distribution, licensing, and broadcasting of the final version of a song.
The key challenge often lies in balancing these rights. For example, when a song is streamed on Spotify, royalties need to be shared between the lyricist, composer, performer, and the producer.
3.3 Moral Rights and Their Relevance in Music
Beyond financial rights, the law also recognizes moral rights under Section 57. These protect the personal and reputational interests of creators. For music, this means:
- A lyricist or composer has the right to be credited for their work (the right of attribution).
- They can object if their work is distorted, remixed, or misused in a way that harms their reputation (the right of integrity).
For instance, if a classic song is remixed in an offensive or crude way, the original creator could challenge it under moral rights. While moral rights are not always easy to enforce, they are crucial for preserving artistic dignity in the industry.
3.4 Collective Management Organizations (IPRS, PPL, etc.)
In practice, it would be impossible for every individual artist to personally monitor and collect royalties from radio stations, streaming services, or live concerts. That’s where collective management organizations (CMOs) step in.
- IPRS (Indian Performing Right Society): Represents authors (lyricists and composers) and collects royalties for them.
- PPL (Phonographic Performance Limited): Represents producers and record labels, managing rights for sound recordings.
- ISRA (Indian Singers’ Rights Association): Specifically represents singers and ensures they get their share of royalties.
These organizations license music to broadcasters, streaming platforms, and event organizers. They then distribute the collected royalties to their members. For example, when a radio station plays a Bollywood song, it pays licensing fees to IPRS or PPL, which then share the money with the respective creators and producers.
Collective management has been especially important after the 2012 amendments, as it created a more structured way for artists to benefit from their work even decades after a song’s release.
4. Ownership and Authorship Issues in Music
4.1 Distinction Between Lyricist, Composer, Performer, and Producer Rights
One of the most debated areas in the music industry is “who owns what”. A single song often involves multiple creators:
- Lyricist: Owns the copyright in the words of the song.
- Composer: Owns the copyright in the musical composition (melody, arrangement).
- Performer (Singer/Musician): Has performer’s rights over the way the song is sung or played.
- Producer (Music Label/Company): Owns the copyright in the sound recording — the final recorded version.
This means the same song may have different copyrights existing simultaneously! For example, the lyrics of “Tum Hi Ho” (from Aashiqui 2) belong to the lyricist, the tune belongs to the composer, the performance belongs to the singer, and the final recording belongs to T-Series as producer.
4.2 Assignments and Licensing of Rights
In practice, artists often assign their rights to music labels or producers in exchange for payment. This gives the producer exclusive control over commercial use. For example, a label may buy the rights to a song and then decide how it’s distributed on CDs, streaming platforms, or films.
Licensing, on the other hand, doesn’t transfer ownership — it gives permission to use the work in a specific way. For example, a restaurant might take a license from IPRS to play songs in their space, but they don’t own the music.
The 2012 amendment to the Copyright Act made an important shift: lyricists and composers can no longer assign away their royalty rights completely. Even after an assignment, they must continue to get a share of royalties when the song is commercially exploited.
4.3 Case Laws: Disputes Between Music Labels and Artists
Indian courts have seen several major disputes on music copyright:
- Eastern India Motion Pictures Association v. Performing Rights Society (1977): The Supreme Court held that once a composer or lyricist created music for a film, the producer owned the rights in that music. This case tilted the balance in favor of film producers and music labels.
- Indian Performing Rights Society v. Aditya Pandey (2011): The Delhi High Court ruled that broadcasters could play sound recordings once they had a license from producers, without separate permission from lyricists or composers. This was controversial because it sidelined authors.
- Gramophone Co. of India v. Super Cassettes Industries (2011): Focused on rights in sound recordings and clarified the scope of producers’ control.
These cases reflect a long struggle between creative artists (lyricists, composers, singers) and music companies (producers/labels). Artists often argue that labels take away too much control, while labels argue that their investments justify strong ownership.
4.4 Role of Contracts in Determining Ownership
At the end of the day, much of copyright ownership in music boils down to contracts. In India, contracts between artists and labels usually decide:
- Who holds the copyright,
- How long rights are assigned,
- How royalties will be shared.
Historically, many artists signed away their rights completely in “all rights” contracts with big labels like T-Series or Saregama, leaving them without royalties in the long term. The 2012 amendments tried to rebalance this, ensuring that even if a contract assigns rights, creators like lyricists and composers are still entitled to royalties from broadcasting and streaming.
For today’s musicians, reading and negotiating contracts carefully has become just as important as creating music itself.
5. Copyright Infringement in Music
5.1 Definition and Forms of Infringement
In simple terms, copyright infringement happens when someone uses a song — or part of it — without permission from the copyright holder. This could mean copying lyrics, lifting a melody, remixing without a license, or distributing pirated recordings.
Under the Indian Copyright Act, 1957, infringement occurs when someone, without authorization:
- Reproduces or copies a musical work or sound recording.
- Performs or communicates it to the public (for example, streaming it online).
- Makes adaptations or remixes without proper licensing.
- Sells or distributes pirated copies.
In the age of YouTube, Spotify, and TikTok, infringement often takes the form of unauthorized uploads, pirated downloads, or unlicensed remixes that go viral without crediting or compensating the original creators.
5.2 Plagiarism vs. Inspiration in Indian Courts
Music has always walked a fine line between being inspired by earlier works and outright copying. Indian courts have had to grapple with this difference:
- Plagiarism is direct copying — like lifting a melody or lyrics almost note-for-note.
- Inspiration is when a musician is influenced by another’s style but adds enough originality to create a new work.
For example, in Gramophone Co. v. Mars Recording Pvt. Ltd. (2000), the Bombay High Court held that copying even small portions of a song can amount to infringement if it’s a substantial part of the original.
At the same time, courts recognize that no music is created in a vacuum — artists often draw inspiration from existing styles. Bollywood especially has a long history of being “inspired” by Western hits. Courts usually test whether the copied portion is “substantial” and whether the average listener would recognize it as the same song.
5.3 Judicial Interpretation of “Substantial Similarity”
The phrase “substantial similarity” is key in music copyright cases. Indian courts look at whether the copied part is significant enough to affect the originality of the work, rather than just checking if the whole song is identical.
Some guiding principles from Indian judgments:
- Qualitative test: Even if only a small part is copied (like a chorus), if that’s the “heart” of the song, it may count as infringement.
- Quantitative test: Larger portions of similarity make infringement more obvious.
- Ordinary observer test: Courts often ask whether an average listener would notice the similarity between the two songs.
For instance, in R.G. Anand v. Deluxe Films (1978) (a case about plays, but applied widely), the Supreme Court ruled that ideas can be borrowed, but expression of those ideas must be original. Applying this logic to music, you can’t copy the exact tune or lyrics, even if the theme is common.
5.4 Remedies and Penalties for Infringement
If infringement is proven, the law provides both civil and criminal remedies:
- Civil Remedies:
- Injunctions (court orders to stop unauthorized use).
- Damages or accounts of profits (money earned by the infringer can be claimed).
- Delivery of infringing copies to the copyright owner.
- Criminal Remedies:
- Imprisonment (6 months to 3 years).
- Fines (₹50,000 to ₹2,00,000).
- Seizure of infringing material.
For example, if a nightclub plays Bollywood hits without a license from IPRS or PPL, they can face legal action, including heavy fines. Similarly, if a YouTuber uploads a song remix without proper permission, the video can be taken down and legal claims filed.
6. Notable Cases on Copyright Disputes in Music
6.1 Gramophone Co. of India Ltd. v. Super Cassettes Industries Ltd.
This case revolved around the ownership of rights in sound recordings. Gramophone (better known as Saregama today) and Super Cassettes (famous as T-Series) clashed over the duplication of songs.
The court clarified that sound recordings themselves are original works protected under copyright law. Even if the underlying lyrics or music composition belonged to someone else, the producer of the sound recording (the label) enjoyed separate rights.
👉 Impact: This decision gave music producers strong control over how songs were distributed and used, solidifying the dominance of record labels in India’s music ecosystem.
6.2 Eastern Indian Motion Pictures Association v. Performing Rights Society (1977)
This was a landmark Supreme Court case that defined the relationship between composers/lyricists and film producers.
The dispute was whether composers and lyricists retained rights in songs created for movies, or whether those rights automatically went to producers. The Court ruled that once a song is created “for valuable consideration” for a film, the producer becomes the first owner of that work.
👉 Impact: This case heavily favored producers, and for decades, lyricists and composers were sidelined from royalty revenues in film music. It wasn’t until the 2012 amendments that the law was rebalanced to protect authors.
6.3 Indian Performing Rights Society (IPRS) v. Aditya Pandey (2011)
This case highlighted the tussle between authors and producers over broadcasting rights.
Radio broadcasters argued that once they had permission from producers (who owned the sound recordings), they didn’t need additional licenses from lyricists and composers (represented by IPRS). The Delhi High Court agreed, ruling that broadcasting required permission only from producers, not from authors separately.
👉 Impact: This decision was seen as a setback for authors, as it further diluted their royalty claims. Again, the 2012 amendment later corrected this imbalance, mandating that lyricists and composers must receive royalties regardless of contracts.
6.4 Recent Bollywood Disputes on Remixes, Lyric Ownership, and Royalty Sharing
The rise of remixes and recreations in Bollywood has sparked new controversies. Songs like “Masakali 2.0” and remixes of old classics have often been criticized by original composers and lyricists, who argue their moral rights are violated when their work is altered without respect.
- Composer A.R. Rahman publicly objected to unauthorized remixes of his songs.
- Lyricists Javed Akhtar and Prasoon Joshi have spoken out about unfair royalty practices.
- ISRA (Indian Singers’ Rights Association) has taken legal steps to ensure singers are paid royalties from performances and digital platforms.
👉 Impact: These disputes highlight a shift — artists are becoming more vocal, and collective bodies like IPRS and ISRA are actively enforcing rights against powerful labels.
6.5 Famous Bollywood Plagiarism Controversies
Apart from courtroom battles, Bollywood has often been in the spotlight for “inspired” songs that sound suspiciously similar to international hits:
- “Koi Kahe Kehta Rahe” (Dil Chahta Hai, 2001) vs. Deep Purple’s “Sweet Child in Time” – Critics pointed out uncanny similarities in rhythm and progression, sparking debate about where influence ends and copying begins.
- “Mehbooba Mehbooba” (Sholay, 1975) vs. Demis Roussos’ “Say You Love Me” – R.D. Burman’s iconic track was later found to have been “borrowed” from a Greek song.
- “Chura Liya Hai Tumne Jo Dil Ko” (Yaadon Ki Baaraat, 1973) vs. If It’s Tuesday, This Must Be Belgium (1969) – Asha Bhosle’s evergreen hit bore striking resemblance to a Western tune.
- More recently, Pritam (composer of hits like “Zara Zara Touch Me”) has faced criticism for lifting tunes from global pop and Arabic music.
👉 Impact: While many of these disputes didn’t reach court, they shaped public debate about originality and “creative borrowing” in Bollywood. They also pushed Indian law to think more carefully about substantial similarity and moral rights of creators.
6.6 Lessons from International Disputes – Marvin Gaye v. Robin Thicke (“Blurred Lines” Case)
In the U.S., one of the most famous recent cases was over the hit song “Blurred Lines” by Robin Thicke and Pharrell Williams. Marvin Gaye’s estate sued, claiming the song copied the “feel and groove” of his classic “Got to Give It Up”.
The jury agreed, awarding over $5 million in damages. The case stirred debate worldwide because it suggested that even copying a “style” or “vibe” could amount to infringement.
👉 Impact in India: While Indian courts haven’t gone this far yet, the case raises questions about where to draw the line between inspiration and copying — an issue Bollywood often faces.
✨ Takeaway from These Cases
Across these disputes, one theme is clear: copyright in music is not just about legal theory, but about power and fairness in the industry. Producers and labels have historically held the upper hand, but the tide is shifting as artists and collective bodies assert their rights to royalties, recognition, and respect.
7. Digital Transformation and Music Copyright
7.1 Rise of Digital Platforms (Spotify, Gaana, JioSaavn, YouTube)
The way we listen to music has completely changed in the last decade. Earlier, fans bought cassettes, CDs, or downloaded MP3s; today, music is consumed primarily through digital streaming platforms.
- Spotify entered India in 2019 and quickly became popular, offering both Indian and international music.
- Gaana and JioSaavn dominate the regional and Bollywood music markets, especially with vernacular playlists.
- YouTube is arguably India’s biggest music platform — T-Series became the most-subscribed channel in the world thanks to Bollywood music videos.
This digital boom has made music accessible to millions of listeners at low or no cost. But it has also reshaped copyright enforcement — with songs being uploaded, shared, and remixed across platforms faster than rights-holders can track them.
7.2 Impact of Streaming Services on Royalty Structures
Streaming has revolutionized how artists are paid — and not always in their favor. Instead of earning from album sales or downloads, royalties now depend on stream counts.
- On average, Indian artists earn fractions of a rupee per stream. For example, Spotify pays less than ₹0.50 per stream in India, and even less when shared across lyricists, composers, singers, and producers.
- The 2012 amendment to the Copyright Act tried to ensure that lyricists and composers get a share of royalties from streaming. However, enforcement remains patchy, and many independent artists complain of opaque payment structures.
- Collecting societies like IPRS and ISRA have stepped in to negotiate with platforms and distribute royalties, but challenges remain in ensuring fair and timely payments.
👉 For big labels like T-Series, streaming is a goldmine. For smaller independent musicians, however, it often feels like a race to get noticed rather than a sustainable income model.
7.3 Copyright Challenges in Downloads, Ringtones, and Podcasts
Apart from streaming, copyright faces unique challenges in other digital formats:
- Downloads & Piracy: Even though legal streaming is cheap, illegal downloads still exist. Telegram groups, torrent sites, and shady MP3 download websites continue to leak Bollywood and indie tracks.
- Ringtones: In the 2000s, ringtones were a massive revenue source for labels. Disputes erupted over how royalties were shared between artists and producers. While ringtones have declined, the debate set the stage for later battles over streaming revenues.
- Podcasts: Music used in podcasts raises new questions. If a podcaster plays copyrighted songs without a license, they risk infringement. Globally, platforms like Spotify have started separating music rights for podcasts, but in India, enforcement is still evolving.
7.4 Case Studies on Indian Music Piracy and Enforcement
India has long battled music piracy — first with cassettes, then CDs, and now digital leaks. Some notable examples include:
- Cassettes & CDs (1990s–2000s): Entire black markets thrived on pirated Bollywood albums. Enforcement raids were common, but piracy often outpaced policing.
- Digital Piracy: Bollywood songs are often leaked online before a movie’s release. Despite John Doe orders (court injunctions against unknown pirates), new websites pop up within hours.
- YouTube Enforcement: Labels like T-Series and Sony Music aggressively use YouTube’s Content ID system to claim royalties or block infringing videos. This has led to frequent takedowns of DJ mixes, fan covers, and mashups.
- Recent Crackdowns: The Delhi High Court in 2021 ordered internet service providers to block 13 websites illegally distributing music, showing the judiciary’s willingness to support enforcement.
👉 Despite stronger laws, piracy continues because of easy access, weak penalties, and high demand for free music. The challenge for India is striking a balance between user access and fair compensation for creators.
✨ Takeaway
Digital platforms have democratized music consumption but also created new battles over ownership, royalties, and piracy. For artists, copyright is no longer just about protecting CDs or records — it’s about navigating an ecosystem where a song can go viral, remixed, or pirated within hours of release.
8. Emerging Issues in Music Copyright
8.1 Remixes, Mashups, and Cover Versions: Legal Status in India
Bollywood’s obsession with remixes and recreations has reignited debates on copyright. While many remixes officially license the original tracks, countless others circulate online without permission.
- Remixes: Legally, remixing requires licenses from both the lyricist/composer (for the underlying work) and the producer (for the sound recording). Without these, it’s infringement.
- Mashups & DJ Sets: DJs often combine multiple tracks into a new version. Unless licensed, these can breach multiple copyrights at once.
- Cover Versions: The Copyright Act allows covers, but with conditions — they cannot distort the original, must credit the creators, and often require royalties to be paid.
👉 Example: The backlash against “Masakali 2.0” showed how creators like A.R. Rahman object to remixes that dilute the essence of their originals, raising questions about moral rights.
8.2 Copyright and Artificial Intelligence (AI-Generated Music)
AI tools today can compose original-sounding tracks, mimic famous singers, and even recreate instruments. But who owns the copyright to an AI-generated song?
- Under current Indian law, copyright requires a human author. AI-generated music falls into a gray area — if no human creativity is involved, copyright may not apply.
- Some argue that the programmer, or the person who inputs prompts into the AI, should be considered the author.
- Globally, this debate is ongoing: the US Copyright Office has denied copyright protection to purely AI-generated works, while the UK allows limited recognition.
👉 In India, courts haven’t faced this question yet, but it’s only a matter of time before AI-generated Bollywood-style songs trigger disputes.
8.3 NFTs and Blockchain in Music Copyright
The rise of NFTs (Non-Fungible Tokens) has changed how music can be owned and monetized. Musicians worldwide are selling their songs, albums, and even backstage experiences as NFTs.
- For creators, NFTs offer a way to bypass traditional labels and directly reach fans.
- Blockchain ensures transparent royalty payments every time a song-NFT is resold.
- In India, while NFTs are still niche, artists like Ritviz and Raja Kumari have experimented with them.
👉 The challenge? Indian copyright law doesn’t yet have a framework for NFTs. If someone mints an NFT of a Bollywood song without permission, enforcing rights could be difficult.
8.4 Cross-Border Copyright Enforcement
With music traveling across borders instantly on platforms like YouTube and Spotify, copyright disputes are no longer local.
- Indian songs are streamed globally, and Bollywood tracks are popular in the Middle East, US, and UK. Protecting rights abroad often requires coordination with foreign collective societies.
- Pirated versions hosted on foreign servers make enforcement tricky. Even when Indian courts issue injunctions, shutting down international piracy websites requires global cooperation.
👉 This is where India’s membership in WIPO treaties (like the Berne Convention) helps — ensuring that Indian works are protected internationally. But practical enforcement is still a challenge.
✨ Takeaway
The future of music copyright isn’t just about Bollywood vs. piracy — it’s about adapting to new technologies. From AI and NFTs to global streaming, the law must evolve quickly to keep pace with innovation while ensuring that artists, composers, and performers are fairly rewarded.
9. International Perspective
9.1 Comparative Analysis with the US and EU Frameworks
When it comes to copyright in music, India’s law borrows heavily from global conventions but has its own unique quirks. Looking at the United States and the European Union offers valuable contrasts:
- United States:
- US law distinguishes between musical works (lyrics and composition) and sound recordings (the final recorded track).
- The US has strong systems for collecting royalties — through organizations like ASCAP, BMI, and SESAC for authors, and SoundExchange for recordings.
- Courts in the US also take a broader view of infringement: the “Blurred Lines” case (Marvin Gaye v. Robin Thicke) showed that even copying the feel of a song could be actionable.
- European Union:
- The EU is stricter about moral rights — authors have a strong right to be credited and to object to distortions of their work.
- The EU Copyright Directive (2019) placed responsibility on platforms like YouTube to proactively prevent copyright infringement (through filters, licensing, etc.).
- This has made platforms more accountable to rightsholders compared to India, where enforcement is still patchy.
👉 Compared to these, India is still catching up in terms of royalty distribution transparency and digital enforcement.
9.2 Global Disputes and Their Implications for Indian Law
Some international disputes have set precedents that Indian courts may look to in the future:
- “Blurred Lines” Case (US): Expanded the scope of infringement beyond literal copying. Could Bollywood’s habit of taking “inspiration” from Western music face tougher scrutiny if India adopts similar reasoning?
- Metallica v. Napster (2000, US): This famous case against a file-sharing site changed the global music industry’s approach to digital piracy. India still struggles with similar challenges in torrent sites and Telegram piracy groups.
- EU Court Rulings on YouTube: The EU has ruled that YouTube must take proactive measures to stop infringement. In India, platforms use takedown notices (safe harbor protection), but stricter liability could be on the horizon.
9.3 India’s Compliance with International Treaties
India is a signatory to key treaties:
- Berne Convention (1886): Ensures that Indian works are protected in 180+ countries.
- TRIPS Agreement (1995): Under WTO, India aligned its law with global trade obligations.
- WIPO Treaties (WCT & WPPT): Addressed digital challenges like online streaming and broadcasting.
On paper, India is well aligned with international standards. But in practice, enforcement lags — piracy remains rampant, royalty distribution is opaque, and collective societies are still finding their footing compared to global counterparts.
✨ Takeaway
Globally, the trend is toward stronger recognition of artists’ rights and greater responsibility on digital platforms. India has made progress (especially with the 2012 amendments), but it still needs to strengthen enforcement mechanisms, increase royalty transparency, and adapt faster to digital-age challenges.
10. Reforms and Future Directions
10.1 Challenges in the Current Copyright Framework
While Indian copyright law has made big strides (especially with the 2012 amendments), gaps remain:
- Piracy is still rampant despite stronger penalties.
- Royalty distribution remains uneven and lacks transparency.
- Digital platforms often favor big labels over independent artists.
- New technologies like AI-generated music and NFTs aren’t clearly covered under the existing Act.
These challenges point to the need for fresh reforms that keep pace with how music is created, distributed, and consumed in the digital age.
10.2 Strengthening Enforcement Against Piracy
India needs a more tech-driven approach to piracy:
- Using AI-based monitoring systems to detect illegal uploads in real-time.
- Expanding “John Doe” injunctions to cover emerging platforms like Telegram and Discord.
- Building faster takedown mechanisms in coordination with ISPs and social media platforms.
Piracy can’t be eliminated, but it can be minimized if enforcement is proactive rather than reactive.
10.3 Fairer Royalty Models for Artists
One of the biggest reforms should focus on ensuring artists get their fair share:
- Collective management organizations (IPRS, ISRA, PPL) must publish transparent reports of how royalties are collected and distributed.
- Introduce minimum royalty guarantees for digital platforms, so independent musicians aren’t left with fractions of a rupee per stream.
- Encourage direct artist-to-fan models through blockchain or micro-payment systems.
This would shift power away from labels and toward the creators themselves.
10.4 Regulating AI and New Technologies
AI, NFTs, and blockchain are no longer future concepts — they’re already reshaping music. India’s copyright law should:
- Define whether AI-generated music can be copyrighted, and if so, who owns it (the programmer, the user, or no one?).
- Create rules for NFT music ownership to prevent fraudulent minting of songs.
- Explore smart contracts on blockchain for automatic royalty payments.
These steps would future-proof the law and give clarity to artists experimenting with new tech.
10.5 Empowering Independent Artists
Bollywood dominates the Indian music industry, but the indie scene is growing rapidly. Reforms should:
- Provide legal awareness workshops for indie musicians about contracts and copyright.
- Offer government-backed grants or subsidies for independent music projects.
- Encourage collaborations between indie artists and streaming platforms with fairer terms.
This would diversify India’s music ecosystem beyond film-based tracks.
10.6 Balancing Access and Protection
Finally, copyright reform should strike a balance. While creators deserve protection, the public also benefits from easy access to music for education, research, and culture. Expanding fair dealing exceptions for non-commercial uses (like classroom teaching or cultural preservation) would keep copyright laws from becoming overly restrictive.
✨ Takeaway
The future of music copyright in India lies in building a system that is fair, transparent, and future-ready. Stronger enforcement, fairer royalties, AI regulation, and empowerment of independent artists are the next big steps. With India’s music industry booming globally, getting copyright right could be the key to ensuring sustainable growth for decades to come.
11. Conclusion
Music is not just entertainment in India — it’s culture, identity, and big business. From the golden age of Bollywood to today’s streaming-driven market, copyright law has been at the center of protecting and monetizing this creativity.
Over the years, we’ve seen:
- Producers vs. artists disputes on ownership and royalties.
- Courts grappling with the difference between inspiration and plagiarism.
- The rise of digital platforms that reshaped how music is consumed and how royalties are shared.
- Emerging challenges like remixes, AI-generated songs, and NFTs, which test the limits of our current laws.
The Indian Copyright Act, 1957 — strengthened by the 2012 amendments — has provided a strong foundation. Yet, as our journey through notable cases and digital disruptions shows, the law must continue to evolve. Fairer royalty structures, better enforcement against piracy, and forward-looking policies for AI and blockchain are the way forward.
At its heart, copyright is about balance: protecting artists’ rights while ensuring audiences can access and enjoy music. If India can strike that balance in the digital era, its music industry will not only thrive at home but also continue to make waves globally.
✨ Key Takeaways for Readers
- Artists matter: Copyright isn’t just about labels; it’s about lyricists, composers, and performers too.
- Digital changes everything: Streaming, remixes, and AI are redefining how music is created and consumed.
- Law must keep up: Reforms are needed to make royalties fair, piracy enforcement stronger, and new technologies better regulated.
