Source: The Hindu  

Introduction  

• During Chennai's recent Margazhi music season, rasikas (connoisseurs) attended multiple concerts while being mindful of copyright laws that prohibited unauthorized recording at sabhas (performance venues). There's a common misconception in the Carnatic music sphere that copyright laws don't apply to it. This belief needs to be reconsidered and examined more carefully. The intersection of copyright law and Carnatic music raises important questions about protection and rights. 

Does Copyright Law Apply to Carnatic Music Performances? 

• During the Margazhi season in Chennai, music enthusiasts attended various concerts. 
• Sabhas (performance venues) explicitly prohibited unauthorized recording of performances. 
• Rasikas had to be mindful of copyright laws while enjoying the music. 
• This brought attention to the general belief that copyright law doesn't apply to Carnatic music. 
• Many performances of notable singers are posted by third parties on YouTube and Spotify without permission. 
• These unauthorized postings violate the Copyright Act and deny musicians the opportunity to monetize their work. 
• Even recordings made by sabhas without performers' informed consent constitute a violation. 

What are Carnatic Music Performances? 

• Carnatic music is fundamentally a quest for pure aesthetic experience (rasa) built on three essential concepts: rāga (melodic framework with minute intervals), tāla (precise rhythmic patterns), and bhāva (emotional expression). 
• The term 'Carnatic' comes from 'Karnātaka Sangītam' in Sanskrit, meaning "traditional" or "codified" music, with a parallel concept in Tamil called 'Tamil Isai'. 
• It represents a fusion of various regional (dēsi) styles and has evolved through contributions from both nobility and common people, incorporating multiple languages including Sanskrit, Tamil, Telugu, Kannada, and Malayalam for lyrics. 
• This classical music tradition is distinguished by its continuity, infinite variety, and capacity for self-renewal, making it a subject of global study and appreciation. 

Right Society Ltd. v. Eastern Indian Motion Pictures Association (1977) Case  

• Justice V.R. Krishna Iyer raised a fundamental question about the definition of music. 
• The court contemplated whether music solely meant the composition of a piece. 
• The case questioned if music extended beyond composition to include the soulful tune and voice. 
• It also examined whether the actual rendering of the piece should be considered part of music. 
• This crucial question remained unanswered by Parliament. 
• The case provides that defining music is both a metaphysical and legal question. 

What are the Key Aspects of Music Copyright? 

• Performance Rights: 
  • Performers have the right to forbid unauthorized recording of their songs 
  • They can claim royalty from streaming and sales of their music 
  • Any recording without consent violates the Copyright Act 
  • Even sabhas (venues) need informed consent from performers to record 
• Duration of Protection: 
  • Composers and lyricists get protection for their lifetime plus 60 years 
  • Mechanical rights (recording rights) last for 60 years 
• Mechanical Rights: 
  • Granted to those who record songs 
  • Gives them the right to commercially exploit the recording for 60 years 
• Public Domain Status: 
  • Works of classical composers like Tyagaraja Swami, Shyama Shastri, Muddusvami Dikshitar, Purandara Dasa, and Gopala Krishna Bharathiar are in the public domain 
  • These works were created before copyright laws existed 

Conclusion  

The current copyright laws need to be modified to better protect the rights of Carnatic musicians. Musicians should have ownership rights over their unique additions and improvisations to songs, along with the ability to commercially exploit their performances. The royalty system from streaming platforms needs to be strengthened. Instead of music conforming to law, the law should evolve to protect the rights of Carnatic musicians in both letter and spirit.