Nothing ! According to the law of India the Copyright in your work belongs to you by reason of the fact that you created or “made” that work. In some other countries the law requires that you shall conform to certain requirements such as registration and the payment of a fee, but in India the recognition of your copyright is automatic as soon as your work has been “made” and that means as soon as it has been reduced to writing or some other material form.
There is no Copyright as long as it is just an idea in your head, for Copyright starts only when that idea has been reproduced in some tangible, perceptible form like a manuscript or a record.
There is, however, an important condition: Your work must be original, and not an unauthorised copy of someone else’s copyright work.
(i) Reproduce the work in any material form;
(ii) Perform the work in public;
(iii) Produce, reproduce, perform or publish any translation of the work;
(iv) Make any cinematograph film in respect of the work;
(v) Make any sound recording in respect of the work;
(vi) To communicate the work by broadcast or to communicate to the public by any means;
(vii) Make any adaptation of the work;
IPRS is at all times happy to assist its members with advice and guidance in their copyright problems.
In the olden days, authors, composers and copyright-owners used to collect performing right royalties as a normal procedure in respect of operas and similar stage works; but for shorter works which were often performed publicly thousands of times daily at all sorts of entertainments throughout the world, some special method had to be devised. In practice it would be intolerably troublesome and costly, if not wholly impracticable, if those needing permission to perform copyright music in public had to approach each individual owner of the copyright in every piece of music on each occasion anywhere in the world,and of course it would be impossible for most copyright-owners to deal
adequately with such applications.
The problem was solved by the formation of performing right societies. The IPRS being set up in 1969. Its membership includes virtually all Indian Composers, Authors and Music Publishers whose works are publicly performed to any appreciable extent. IPRS also has Agreements of Reciprocal Representation with similar organizations in more than 50 countries throughout the world with which it remains in close and continuous contact. It authorises all those sister Societies to administer the rights of its members in their respective countries,and from their side they authorise IPRS to administer the rights of their members here in India. In all, the IPRS represents more than a million foreign composers, authors and publishers, through its affiliation agreements with similar societies in countries all over the world.
The Society is also affiliated to the Federation of World Societies of Authors and Composers known as CISAC having its principal office in Paris.
(i) the right to perform the work in public;
(ii) the right to communicate the work by broadcast;
(iii) the right to communicate the broadcast of the work to the public by a loud speaker;
(iv) the right to communicate the broadcast of the work to the public by any instrument;
(v) the right to make any record in respect of the work.
The first four rights are generally referred to by the single expression ‘Performing Rights’, and the last right is referred to as âMechanical Rightsâ, and are administered on behalf of its members by the IPRS as assigned.
The expression ‘Performing Right’, means and includes the right of performing in public, broadcasting and causing to be transmitted to subscribers to a diffusion service in all parts of the world, by any means and in any manner whatsoever, all musical works or parts thereof and such words and parts thereof (if any) as are associated therewith including (without prejudice to the generality of the expression ‘musical works’) the vocal and instrumental music in cinematograph films, the words and/or music of monologues having musical introduction, and/or accompaniment, and the musical accompaniment of non-musical plays, dramatico-musical works including operas, operettas, Musical plays, revues or pantomines and ballets, video, plays, serials, documenteries, dramas, commenteries etc. accompanied by music and the right of authorising any of the said Acts.
The expression ‘Mechanical Right’, means and includes the right of making recordings of all musical works or parts thereof and such words and parts thereof (if any), and ‘recording’ includes without limitation to the generality of the expression the aggregate of sounds embodied in records, discs, tapes and cartridges of all kinds.
The Management, appointed by the Governing Council is headed by the Chief Executive Officer, who is assisted by staff members all over the country. The Company’s Head Office is in Mumbai. In addition to the Head office the Company administers its operations from branch offices all over India in Chennai, Delhi and Kolkata.
In certain cases, ‘permits’ are issued for the use of the repertoire or of specific works at one performance or at a short series of performances.
The Company’s Licence is necessary for any public performance of copyright music under its control regardless of the nature of the entertainment or the kind of premises at which the performance takes place and irrespective of whether a charge for admission is made.
Just as a purchase of a copy of play that is in copyright does not entitle the purchaser to perform the play in public, so also the purchaser of a copy of piece of music or of a commercial recording, does not entitle the purchaser to perform in public the work embodied in the copy or recording. It mearly entitles him to perform the work in his domestic circle, where Performing Rights do not operate.
The Company’s licences cover both ‘live’ performances and performances by mechanical means, e.g. Juke boxes, Radio and Television sets, records players, background music devices, and so on. They are issued for numerous categories of premises, including cinemas, clubs, concert halls, dance hall, bingo halls, hotels, town halls, church halls, public houses, restaurants, shops, factories, universities, ships, aeroplanes, sports stadium and many others.
The Convention established certain minimum standards of protection, and every signatory state undertook to ensure that its own national copyright laws would conform to those minimum standards.
Since the singing of the Berne Convention in 1886 the technological explosion of our century has brought many new and unforeseen ways of exploiting works of the Author, particularly music â the gramophone, the tape recorder, broadcasting, television, the video recorder, the computer, satellite transmission and others. In order to keep pace with all these technological developments the Berne Convention has been revised at regular intervals, and it will continue to be so revised. This means that the copyright laws of the signatory states must also be regularly revised and brought into line with the latest developments.
As explained in the answer to Question 2, an author has the exclusive right to make or to authorise anyone else to make such an adaptation. This means that neither you nor anyone else may do so without his permission. Translating a lyric amounts to making an adaptation thereof, and the same applies to setting it to music. In both cases you require the permission of the copyright owner. However, this applies only to lyrics which are still in copyright-in other words, any lyric of which the author is still alive or has been dead for less than 60 years. If the author has been dead for longer than that, his lyric is “in the public domain” and you are at liberty to translate it or set it to music without further ado.
If you wish to translate or set to music a lyric which is still in copyright, and you do not know where to find the copyright owner, IPRS may be able to help you to get his address.