How Can You Copyright a Song in India?

Creating a song is not enough, rather safeguarding it from infringement or violation is equally essential and protecting your song from being misused by any unauthorized person or any competitor. So, it is mandatory to copyright a song then, only your song will be protected from copyright infringement. Copyright a song is done under the provision of the Act and Copyright Rules, 2013.

As soon as you have written the lyrics and recorded your song, you get the right to copy it. In a simple context, you get the copyright of your song as soon as you record it. Even with the recording, there is no other way to prove that it’s you who record this song. This happens when copyright registration comes to your rescue. By doing copyright registration of your song, you get the ability to:

• Perform that song anywhere at any time.
• Replicate that song and sell it to earn money.
• Monetize the usage of that song if anyone uses it.

Copyright Registration – An Overview

In India, Copyright Registration is an Intellectual Property Right (IPR) that grants by the law to the original authors of literature, dramatic, sound recordings, musical, creative works, and cinematograph movies. With Copyright Registration, there are certain benefits containing the rights of copying, modification, information to the public, and clarification of the work. The primary objective of Copyright Registration is to give a reward to the original creator over their work in the form of protecting priorities. Additionally, the good news for all the song producers or creators is that now they can protect their song’s lyrics and music.

Also, Read: E-filing of Copyright Registration – A Complete Guide

Copyright all the Song’s Elements

Before you copyright a song, list the elements of the song:

• Lyrics: It’s the words that you decide to turn into the song.
• Music: It is the rhythm behind those lyrics that finally gave voice to your lyrics.
• Recording: It is the record of you singing that song.
• Instrumental: It is the recording of all the instruments that you executed into that song.

What are the Benefits of Copyrighted Songs?

Following is the list of benefits that any song producer or creator can avail after copyright a song:

• Your original work is protected by any unauthorized person or any company or business firm.
• The certificate of Copyright Registration is true and valid for the lifetime of the owner.
• Copyright violation is a legal offence, and a police complaint will be recorded to stop any violation.
• It also creates a public record of your copyright.
• Once your copyright is registered in and in the public record, you can sue for Copyright Violation. In simple words, to impose the rights conferred by music copyright, it should be registered.

What are the Vital Documents Required for Copyright a Song?

Following is the list of all the essential documents required for copyright a song:

• For filing an application of copyright songs, the NOC (No Objection Certificate) of the author/publisher/compose/producer and all other individuals associated with the song creation should present them.
• Submit two copies of the original work.
• If you want to copyright your song’s lyrics, you need to put the song’s lyrics into the word file.
• To copyright your music of a song, you need to write a music sheet and scan it.
• To copyright the recording of your song, you need to record the song in the WAV (Waveform Audio) file.
• To copyright any instrumental used in your song, you need to submit the WAVfile recording the instrumental.

What is the Process to Copyright a Song in India?

To copyright a song, you need to follow the steps as mentioned below:

• Step 1: Filling an Application: The first step is to copyright a song is to apply onlineby visiting the portal of a copyright attorney. The application can be filed by the applicant or the person authorized by him or her. In the copyright application, the applicant needs to file the details of the copyright and its description and the specified amount of fees. Once the applicantsubmits the application, a diary number will be generated.
• Step 2: Formality Examination: Once you submit the application for copyright registration, it will be sent for a formality examination. This examination will be carried out to make sure that the vitalrequirements of two copies of work and the FORM-XIV power of attorney are completed. If the application fails during the formality examination, a letter asking for supplying the essential requirements is issued to the applicant at his or her communication address.
• Step 3: Waiting Period: Once the application is approved or satisfied from the formality examination without any objection, it will be kept open or receiving any objection from the third person who claims the subject matter of the copyright for the time of thirty days. In the case of no objection, the application will proceed further.
• Step 4: Hearing: If an objection is raised on the copyright applied, a letter will be issued to both parties. After receiving the reply, a hearing will be arranged by the Registrar. In the hearing, both parties will be given a chance to present their part. In case the application is accepted, then it will proceed further for the examination by the examiner.
• Step 5: Issuance of Registration Certificate: If the Registrar is satisfied with the application made by the applicant, then the Registrar will grant the certificate and send extracts of the same to the applicant.

Conclusion

So it is mandatory to copyright a song to protect the original creator’s song from any infringement. It is also used to avoid copying and give the owner the exclusive right over their song. So, to copyright a song, one has to record it and make an account on the official site, pay the amount fee, submit the song and then expect the copyright. If the copyright is granted, then it lasts for up to 50 years. Illegally selling, performing or distributing a copyrighted song can lead to heavy fines and imprisonment.

Also, Read: What are the Matters which are Copyrightable?