Rights Of Lyricist Composer And Producer.
1. Statutory Framework (Copyright Act, 1957)
A song in Indian copyright law involves three distinct works:
Literary Work – Lyrics (Lyricist)
Musical Work – Melody/Composition (Composer)
Sound Recording – Final recorded song (Producer)
Each creator enjoys independent and parallel rights, even though the public often perceives a song as a single entity.
2. Rights of a Lyricist
Nature of Rights
Under Sections 13(1)(a), 14(a) and 57, a lyricist enjoys:
Right to reproduce lyrics
Right to communicate lyrics to the public
Right to receive royalties
Moral rights (right to attribution and integrity)
Case Laws
Indian Performing Rights Society Ltd. v. Eastern Indian Motion Pictures Association (1977)
Facts:
Producers claimed that once a lyricist writes lyrics for a film song, all rights vest in the film producer.
Issue:
Whether lyricists retain copyright after incorporation into a cinematograph film.
Held:
The Supreme Court held that:
In absence of a contract to the contrary, the producer becomes the first owner.
Lyricists lose separate control once the song is incorporated into a film.
Impact:
This judgment severely weakened lyricists’ bargaining power and was later partially reversed by statutory amendments.
2012 Copyright Amendment – Legislative Overruling
Though not a judicial decision, this amendment directly affects lyricists:
Section 18 and 19 now guarantee inalienable royalty rights
Lyricists must receive royalties for:
Radio broadcast
Streaming
Digital exploitation
This reform was introduced to neutralize the harsh effect of the 1977 judgment.
IPRS v. Aditya Pandey (Delhi High Court)
Facts:
IPRS claimed royalties on behalf of lyricists for public performance of songs.
Held:
Court recognized that:
Lyricists retain rights independent of producers
Royalties must be paid even after assignment of copyright
Significance:
Reaffirmed statutory protection to lyricists post-2012 amendment.
3. Rights of a Composer
Nature of Rights
Under Sections 13(1)(a), 14(a) and 57, a composer has:
Exclusive right over musical composition
Right to royalties
Moral rights
Case Laws
Gramophone Company of India v. Super Cassette Industries (2010)
Facts:
Dispute over unauthorized reproduction of musical compositions.
Held:
The Supreme Court held that:
Musical work and sound recording are distinct copyrights
Exploiting a sound recording does not extinguish composer’s rights
Importance:
Confirmed independent existence of composer’s copyright.
Music Broadcast Pvt. Ltd. v. IPRS (2020)
Facts:
Radio broadcasters refused to pay royalties to composers.
Issue:
Whether broadcasters must pay royalties after obtaining sound recording license.
Held:
The Supreme Court ruled:
Composer’s right to royalty is mandatory
Producer’s license does not cover musical works
Impact:
Strengthened composer’s economic rights significantly.
IPRS v. Sanjay Dalia
Held:
Court recognized composers as authors entitled to continuous royalty streams.
4. Rights of a Producer
Nature of Rights
Under Sections 13(1)(c) and 14(e), producer is the author of sound recording and has:
Right to reproduce the sound recording
Right to issue copies
Right to license broadcasting and streaming
Case Laws
Video Master v. Nishi Productions (1998)
Facts:
Unauthorized video cassettes of films containing songs were sold.
Held:
Bombay High Court held:
Producer owns copyright in sound recording
Unauthorized reproduction amounts to infringement
Importance:
Confirmed exclusive commercial control of producers.
Super Cassette Industries v. Bathla Cassettes (1994)
Held:
Sound recording copyright is independent and enforceable even if lyrics and music are separately owned.
Tips Industries v. Wynk Music (2019)
Facts:
Streaming without proper license.
Held:
Bombay High Court ruled:
Streaming requires specific producer authorization
Statutory licensing cannot be misused
Impact:
Strengthened digital rights of producers.
5. Moral Rights of Lyricist and Composer
Case Law
Amarnath Sehgal v. Union of India
Held:
Moral rights are:
Independent of economic rights
Non-assignable
Perpetual
Application:
Lyricists and composers can object to distortion or misuse of their works.
6. Comparative Summary of Rights
| Creator | Nature of Work | Key Rights |
|---|---|---|
| Lyricist | Literary work | Royalty, attribution, reproduction |
| Composer | Musical work | Melody rights, royalty, moral rights |
| Producer | Sound recording | Commercial exploitation |
7. Present Legal Position (Post-2012)
Lyricists and composers cannot waive royalty rights
Producers must share revenue
Digital platforms must obtain multiple licenses
Moral rights remain intact
8. Conclusion
Indian copyright law has evolved from producer-centric dominance to a creator-protective regime. Through judicial interpretation and legislative reforms, lyricists and composers now enjoy:
Statutory royalty rights
Independent recognition
Moral protection
This balanced framework ensures fair compensation and creative dignity.
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