Carnatic Music and Copyright Law
The Margazhi music season in Chennai brings to light the issue of copyright law within the sphere of Carnatic music. Despite the belief that copyright law doesn't apply to Carnatic music, this needs reassessment.
Legal Definition of Music
- In the case of Indian Performing Right Society Ltd. v. Eastern Indian Motion Pictures Association (1977), the question of whether music includes the soulful tune and rendering remains unanswered in Parliament.
- Globally, copyright law views music as a melody, based on a Western classical understanding.
- The Indian Copyright Act, 1914, overlooked Indian music specifics, and the 1957 legislation continued this colonial perspective.
Protection and Rights in Music
- Composer and Lyricist Rights: Protection for life plus 60 years.
- Mechanical Right: For 60 years, granted to the one who records the song.
- Performers’ Right: Allows performers to prevent unauthorized recording and claim royalties.
- Despite rights, performers often can't enforce them effectively in concert spaces.
Public Domain and Improvisation
- Most Carnatic songs are in the public domain, excluding them from copyright.
- Musicians often perform with unique improvisations, which raises questions about rights over these additions.
- The improvisations lack protection under the Copyright Act.
Case Studies and Examples
- Pandit Bhimsen Joshi introduced Purandara Dasa’s compositions to Hindustani ragas.
- Madurai Mani Iyer's rendition of "Eppo Varuvaro" became iconic yet remains unprotected.
