Amit (Lawyer) 12 March 2008

Copyright on song

We have made an internal film based on a popular song in which the lyrics have been changed but the tune remains the same. We propose to distribute CD’s of the film to our employees.

1. Will there be any copyright violation or any licensee fee is required to be paid.

2. What if any of the employees plays the CD in a public place.

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21 Replies

Rajendran Nallusamy (Advocate) 12 March 2008

It shall amount to copyright violation. It is better to get the permission from the owner.

Guest (n/a) 13 March 2008

it will amount to violation of the copyright not covered under section 52 of the copyrights act. better opt for obtaining the permission of the owner for the purpose

Guest (n/a) 14 March 2008

it will amount to violation of the copyright not covered under section 52 of the copyrights act. better opt for obtaining the permission of the owner for the purpose

Rajesh Kumar (Advocate) 28 March 2008

It is not a violation of copyright- it appears that you have changed the representation sufficiently- with new lyrics, new musical instruments, new recording of song etc.

Rajendran Nallusamy (Advocate) 01 April 2008

I differ from the view of Mr.Rajeshkumar. This is plagiarism in a new form and certainly would amount to copyright violation. If this is allowed to perpetuate then every music director would copy other famous tunes by just changing the lyrics.

ravichandar (Hc mgt) 15 April 2008

when it resembles,reminds, then it is not the original,it will violate the law. to put it mildly, like telling , a light xerox.....

amit gupta_lawyer (lawyer) 19 May 2008

well everone has there own view and certainly i have my own. in this case as per facts you have changed the lyrics then certainly it would not be the violation of that but my dear friend if the tune is also got registered and then keeping the same tune would be violation, this situation would arise if the lyrics got registered seperatly and tune does not then ur complete song with changed lyrics would not be a violation but if the whole earlier song got registered then ur case falls under violation.

Rajesh Kumar (Advocate) 21 May 2008

Actually what i said is provided in Section 56. The setion was used extensively by Gulshan Kumar in the beginning of hid career. There cannot be an copyright of an idea- it is the representation of the idea is coyrighted. Whenever the representation of the idea is changed, it is not a violation of copyright.

(Guest)

By keeping the same tune, you are using the art of the original composer or creator. Youcannot change the tune becuase, it may not have a market, so by keeping the tune you want to attract the business that is going on with the original composer, hence it is a voilaton. If the product is good and the original people may themselves permit you, so that there tune will be popular.

arunprakaash.m. (advocate) 29 May 2008

under copyright act registration is not mandatory. you are hereby accepted that the concerned lyrics tune is already in existence. so the owner of the tune already posses copyright for the same. it is a clear case of violation under copyright and also uner tort law

Rohit Gambhir (bbb) 30 May 2008

if the permssion of owner has not been taken, it is voilation of copy right act 1957.

Guest (n/a) 31 May 2008

you need permission.

Guest (n/a) 17 June 2008

DEFINITELY THERE IS A VIOLATION OF COPYRIGHTS AS WAS THE CASE IN WHICH RAKESH ROSHAN HAD TO PAY COMPENSATION AND BUY RIGHTS OF THE TUNE THAT HE USED IN THE MOVIE CRAZY 4 FOR WHICH HE HAD TO EITHER TAKE THE PERMISSION OF THE ORIGINAL CREATOR OR BUY THE MUSIC RIGHTS FROM HIM...SO HE DID THE LATER..SIMILAR IS UR CASE WHERE U HAVE TO TAKE THE PERMISSION OF THE PERSON TO WHO THE MUSIC BELONGS...