Assignment of musical copyright and film rights permits producer use of a sound track once authorised under the Copyright Act

SC article explains that copyright in a musical work and the future rights of a composer or lyricist may be assigned in writing, subject to the Copyright Act's statutory conditions, and the assignee then acquires the assigned rights. It also states that where a composer authorises a producer to incorporate the composition into a cinematograph film, the film copyright and the sound track included in it are treated as part of the film copyright. In that setting, the producer may exhibit the film in public and use its sound portion without further permission, while the composer's separate rights continue only outside the film context.

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Issues: (i) Whether the existing and future rights of a music composer and lyricist in their works are capable of assignment under the Copyright Act, 1957. (ii) Whether a composer who authorises a cinematograph film producer to incorporate the composition in the film's sound track retains a copyright that can prevent the producer from exhibiting the film in public or otherwise using the sound portion of the film.

Issue (i): Whether the existing and future rights of a music composer and lyricist in their works are capable of assignment under the Copyright Act, 1957.

Analysis: The statutory scheme permits the owner of copyright in an existing work, and the prospective owner of copyright in a future work, to assign the copyright wholly or partially, subject to the conditions prescribed by the Act. The assignment must be in writing and signed, and the assignee then becomes treated as the owner in respect of the rights assigned. The Court treated this as an express statutory recognition that copyright interests in such works are transferable, including future interests, when the statutory requirements are satisfied.

Conclusion: Yes. Existing and future copyright interests of a music composer and lyricist in their respective works are capable of assignment, subject to the statutory conditions governing assignment.

Issue (ii): Whether a composer who authorises a cinematograph film producer to incorporate the composition in the film's sound track retains a copyright that can prevent the producer from exhibiting the film in public or otherwise using the sound portion of the film.

Analysis: The Act treats a cinematograph film as a distinct class of work and includes its sound track within that concept. Copyright in a musical or literary work and copyright in a cinematograph film are separate rights, but the Act also provides that when a film is made for valuable consideration at the instance of a person, that person becomes the first owner of the copyright in the film, absent a contrary agreement. Reading the provisions harmoniously, once the composer authorises the film producer to incorporate the work in the sound track, the producer acquires the film copyright and may cause the film, including its sound portion, to be heard in public without further permission from the composer. The composer's separate right survives only in respect of performance of the musical work otherwise than as part of the cinematograph film.

Conclusion: No. The composer does not retain a right that can restrain the film producer from exhibiting the film in public or using the sound portion of the film in the manner authorised by the film copyright.

Final Conclusion: The statutory scheme recognises both separate copyright in a musical work and copyright in the cinematograph film, but once the composer authorises incorporation of the composition into the film and the producer becomes first owner of the film copyright under the Act, the producer may exploit the film as a film and the composer cannot prevent such use.

Ratio Decidendi: A copyrighted musical work may be separately owned and assigned, but when the composer authorises its incorporation into a cinematograph film made for valuable consideration at the instance of the producer, the producer becomes first owner of the film copyright and may publicly exhibit or communicate the film, including its sound track, without further permission from the composer, subject only to any contrary agreement and the composer's separate right outside the film context.

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