Being a creator is tough, as you never know when you get a perfect story plot, song or music, in this digital age content creation is money in itself and requires lot of time and effort to put a really creative content out online and we all are aware how good content is always susceptible to free riders, content theft etc. So how to safe guard such things. Today we are going to talk about specifically the copyright protection for songs, music and videos.
Most of the people assume that requirement for all kind of copyright materials is same, but it is not the case, each content in order to be safeguarded under copyright registration has its own requirements. In order to understand this , today we will focus only on the scope and ambit of musical works.
How to save your song or music or music video?
Before going forward, we need to understand the basics between all these terms music, song, or song video. People generally assume them that these are same, but these are not same.
Under Copyright Act, Music is defined as syllable or notations that are used, it is not the song that has a singer, voice, lyrics, etc.
A content is treated as music when it only has notations and its scope of protection is limited only to the notations.
When we talk about song, a song is composite work that has music, lyrics, composition and sound, when you are filing a copyright for a song, it gives a complete right over this combination.
Further, when we talk about a music or song video, it has additional work that comprised of performing artists, who are acting in the video or are appearing in the video.
The understanding of the type of work is really really important when an artist wish to secure the copyright registration.
As, it is understood that copyright registration in India and across the globe protects the expression not the basic idea. An artist in order to monetize its creation should be aware where the money making part exists in their in creation.
As protection of music have narrower protection and lyrics of song have broader protection. As each of the work in its own is distinctive and demands a different kind of protection, it is really really important for an artist to pin point the innovative and creative element in the work to be copyrighted.
Now, we will proceed to explain this concept by way of example.
Suppose, you have created a new music for an old song, so your copyright application shall be filed for music only as this is your creative expression.
Further, suppose the music and song both are known, but you have created a new dance choreography and narration over the same, than your copyright subsists only on choreography and you shall file an application for video.
In case you have written a song, it’s always better to secure copyright over the lyrics as this will accord you the broader protection.
In this way an artist shall figure out the best creative element in its work and accordingly go forward with copyright application, so that he/she may get the right protection.
