Ankita Bhattacharjee, LL.M., Christ (Deemed to be University)
ABSTRACT
Media Law and Intellectual Property Laws plays a crucial role in structuring, functioning and developing the music industry and how such music is created, distributed and used commercially. Media platforms act as a powerful tool for distribution and promoting music reaching it to the audience globally. Copyright, a part of Intellectual Property Right, protects and safeguards the creators’ rights and strengthens an artist’s reach while preventing unauthorized use of reproduction. On one side where the audience enjoys and witnesses the music, there exist an internal tussle between multiple stakeholders which the audience is completely unaware on the other side.
The ongoing case of Ilaiyaraaja v Echo Recording Company which involves the legendary composer Ilaiyaraaja, depicts multiple complexities surrounding the Intellectual Property laws and contract law, referring to the context of musical legacy and its distribution, raising tension with regard to copyright ownership in musical composition, contractual agreement between the composer and producer and the interaction between statutory provision of section 13(4) with section 17(b) under the Indian Copyright Act,1957.
This paper delves into the legal issues that of creator’s rights and the contractual agreement which affects the significance of copyright ownership in musical work. The legal battle between Ilaiyaraaja and Echo Recording Company is the central point of this paper. The issue over creators’ right to retain ownership despite having been compensated by the producer through contractual agreement is the dispute. On one hand where Ilaiyaraaja’s personal rights or moral rights comes in, on the other hand contractual obligations intervenes. This paper is designed to analyze Ilaiyaraaja v Echo Recording Company dispute which sheds light on the larger significance of Intellectual Property and media in structuring the music industry’s legal and commercial landscape which shall shape the future of copyright law, contractual negotiation and the role of media platforms in music distribution within the Indian music industry.
Keywords: Intellectual Property, Media, Copyright dispute, Ilaiyaraaja v Echo Recording Company, Music Industry, Creators Rights.
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