1977 (3) TMI 167 - SC - Indian Laws

Supreme Court affirms producer's copyright in film music, calls for legislative protection

INDIAN PERFORMING RIGHT SOCIETY LTD. Versus EASTERN INDIA MOTION PICTURES ASSOCIATION

The Supreme Court upheld the High Court's decision, affirming that the producer of a cinematograph film becomes the first owner of the copyright in the ... - Issues Involved:1. Assignment of Copyright in Musical Works2. Rights of Producers vs. Composers3. Public Performance Rights4. Ownership of Copyright in Cinematograph Films5. Validity of Tariffs and Licensing by IPRSDetailed Analysis:1. Assignment of Copyright in Musical WorksThe Supreme Court addressed whether the existing and future rights of music composers and lyricists are capable of assignment under the Copyright Act, 1957. The Court held that 'an existing and future right of music composer and lyricist in their respective 'works' as defined in the Act is capable of assignment subject to the conditions mentioned in section 18 of the Act, as also in section 19 of the Act which requires an assignment to be in writing, signed by the assignor or by his duly authorised agent.'2. Rights of Producers vs. ComposersThe core issue was whether a producer of a cinematograph film can defeat the rights of a composer by engaging them. The Court concluded that under provisos (b) and (c) to section 17 of the Act, 'when a cinematograph film producer commissions a composer of music or a lyricist for reward or valuable consideration for the purpose of making his cinematograph film, or composing music or lyric therefore, he becomes the first owner of the copyright therein and no copyright subsists in the composer of the lyric or music so composed unless there is a contract to the contrary.'3. Public Performance RightsThe Court examined whether the composer of a musical work retains the right to perform it in public if it is incorporated in a cinematograph film. It was held that 'once the author of a lyric or a musical work parts with a portion of his copyright by authorising a film producer to make a cinematograph film in respect of his work and thereby to have his work incorporated or recorded on the sound track of a cinematograph film, the latter acquires by virtue of section 14(1)(c) of the Act on completion of the cinematograph film a copyright which gives him the exclusive right inter alia of performing the work in public.'4. Ownership of Copyright in Cinematograph FilmsThe Court clarified that 'a protectable copyright (comprising a bundle of exclusive rights mentioned in section 14(1)(c) of the Act) comes to vest in a cinematograph film on its completion which is said to take place when the visual portion and audible portion are synchronized.' This means that the producer of the film holds the copyright in the film, including the sound track.5. Validity of Tariffs and Licensing by IPRSThe Indian Performing Right Society Ltd. (IPRS) had published tariffs for the collection of fees, charges, and royalties for the public performance of musical works. The Court noted that the Copyright Board had found the tariffs reasonable and that IPRS had the right to grant licenses for the public performance of music in the sound track of copyrighted Indian cinematograph films. However, the High Court overturned this decision, holding that 'the composer can claim a copyright in his work only if there is an express agreement between him and the owner of the cinematograph film reserving his copyright.'Conclusion:The Supreme Court upheld the High Court's decision, affirming that the producer of a cinematograph film becomes the first owner of the copyright in the musical works incorporated into the film unless there is a contract to the contrary. The appeal was dismissed without any order as to costs. The judgment emphasized the distinct and separate copyrights in cinematograph films and the musical works incorporated therein, while also highlighting the need for legislative exploration to protect the rights of all contributors to a film, including composers and performers.