Overview of Copyright for Sound Recording
A sound recording is a reliance on a series of sounds that does not go with an audiovisual work. Copyright in sound recordings is somewhat limited than copyright, in other works—it includes a right to perform the work to the public, but only "Using a digital sound recording." Performing a sound recording to the public in an interchangeable manner does not involve the copyright in the sound recording.
When a sound recording is conditional on a musical work, several uses of the sound recording includes the musical work. In such instances, if a license is required, it must be obtained from the rights holder of the work.
What are the Essentials for Copyright for Sound Recording?
- The copyright for sound recordings & composition can be done with ease, provided the work must be original and must be reduced in such a way that is printed, reduced to writing, or graphically produced or reproduced.
- For an Artist, the Copyright for Sound recording means the law wants the harmony of presentation on individual elements comprising of various elements like tone, duration, timbre, voice to be expressed in a tangible form.
- The copyright for a sound recording does not exist unless the work is first published in India. However, for the work that is unpublished, the owner must be a citizen of India at the time of making the work.
- The copyright of a Sound recording consists of other elements - such as lyrics and sounds. For both the elements, two separate copyrights in the same work can subsist, where each owner of the copyrighted work holds the exclusive ownership over their specific work.
Key Features of Copyright for Sound Recording
- There must be “originality” in musical work or sound recording and the original work needs to be submitted.
- Copyright in sound recording must allow the complete rights in allocation, licensing the work and restricting others from using the work.
- There must be tangibility of the creation.
- In case of contractual terms, if the sound recordings are done by commissioning the lyricist or singer, the employer who authorizes the agent is known to be the First owner of the Copyright.
Copyright for Sound Recording
What are the Documents Required for obtaining the copyright for Sound recording work?
The following documents are essential for obtaining the copyright for sound recording work. Those are as follows:-
- A statement of particular is required if the work needed to be given copyright is not original. Also, the Statement of further particulars is required.
- If the copyright application is being filed on behalf of the author by any other person, the NOC is required.
- In both the cases (published and unpublished), one copy of the work is required. Also, details of the year of publication.
- Particulars of fee payment.
- A copy of Acknowledgement Slip.
- If the author is deceased, NOC from the legal heirs of the deceased author in favor of the applicant.
- Power of Attorney is required by the applicant if the application is filed by the lawyer.
What are the Advantages of Copyright for Sound Recording?
Copyright for Sound Recording is a legal declaration used to convey the rights that the owner possesses over their works. By obtaining the copyright for sound recording, the owner will be able to acknowledge the ownership of your work. Hence, an individual should protect his work by registering for a copyright license. The advantages of Copyright for Sound Recording are-
- It provides protection to various components of Sound recording such as lyrics, Composition of music, Recording the sound recording on tape etc.
- The rights subsisting in a sound recording can be assigned, reassigned and licensed.
- The owner of copyrighted sound recording can reproduce the work and can keep it in any mode.
- The owner can perform the work in public and can also make certain modification in the work etc.
- The owner can bring the person who has breached the copyright to the court.
- The owner of the copyrighted song also possesses a right to have his name published in all copies of his work,
- It restricts modification and misrepresentation of original work of the owner.
What is the Procedure to obtain the Copyright for Sound Recording?
By obtaining the Copyright for Sound recording, the owner establishes the legal claim over the work. It also serves as an essential document for the public record of ownership. It allows the owner to sue a violator for unlawful use of the work and also claim the penal damages for the loss occurred due to such reproduction. The procedure for Copyright for Sound Recording is as follows:-
- The applicant shall make an application on Form XIV. Where the application includes Statement of Particulars and Statement of Further Particulars.
- Individual applications should be made for registration of each work.
- Once the receipt of the application is received, 30 days mandatory cooling-off period starts, during which objections to the grant of such copyright can be filed.
- If objections are raised, all such objections are scrutinized and the applicant is required to give a reply on the same and after hearing both parties, the Registrar will issue a certificate of Copyright for Sound Recording.
How Corpbiz helps its clients in Copyright for Copyright for Sound Recording?
Corpbiz helps its client in Copyright Registration by providing services like Filing the application, arrangement of documents and resolving the discrepancies (If arises). Corpbiz also offers various services related to Copyright, Patent and Trademark. Our experts will assist you by providing the legal advice related to Copyright Registration and its compliances and support you throughout right from the application, collecting the information, till your work gets registered. The entire process of Copyright for literary work is done online so there is no need for you to go out and follow up with the government authorities. Our team will take care of all the mandatory requirements as well. Corpbiz helps in-
- Free consultancy from our experts,
- Process Application of Copyright registration,
- Assists in Documentation as per the requirement,
- Filing of Copyright Application and follow up with the authority,
- Quality services at pocket price.
- Helps in Proper execution of literary Copyright work.
We at Corpbiz have trained professionals to help you throughout the Copyright Registration procedure. Our Experts will guide and assist you with the whole process of filing the applications for copyright and related services and also ensures the timely and effective completion of your work.Any person having queries about what category his/her work might fall under the copyright Act or having trouble in applying copyright within the correct category, feel free to contact our experienced and trained professionals at Corpbiz.
Frequently Asked Questions
The copyright in a sound recording is owned by the maker of the sound recording individual who writes or records an original song owns the copyright.
Copyright for Sound recording is essential as-
- It Protects the prestige of the maker of the sound recording,
- Attracts recognition in the Public,
- To protect the copyrighted work and makes the owner stands out in the public.
- It helps in protecting the maker from the Fiscal loss.
- Limiting unauthorized access.
- Worldwide protection and Branding.
The recording rights refer to the ability of the copyright holder to decide who produces the first recording of their musical work.
The five exclusive rights given to the maker of Sound recording are-
- Rights of reproduction,
- Rights of adaptation,
- Rights of publication,
- Right to perform, and
- Right to display.
If a person has not composed, performed, and recorded the music himself, it needs to be licensed. The copyright in a sound recording is owned by the maker of the sound recording just like the copyright in the sound recording of the audio book is owned by the voiceover talent, engineer, and producer.
The ‘P’ stands for a phonogram.
A cinematographic work not only means the visual recording but also sound recordings accompanying the film. Thus, soundtracks which are produced in a film are protected as part of the cinematographic work, and not as a sound recording.
The Copyrighted sound recording covers the recording itself and does not cover the words, music, or other key content represented in that recording.
The copyright in sound recordings expires 50 years from the end of the year in which the recording was made.
- Literary work
- Musical Work
- Sound recordings