Debate: copyrights over underlying works

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Assignment of Copyrights by Authors of Underlying Works

Background and Context of Debate

With the object of redressing the social injustice meted out to lyricists and music composers by producers of cinematographic work, the government has incorporated a provision in the draft of the Copyright (Amendment) Bill, 2010 intending to protect them against contractual exploitation arising out of unequal bargaining power. It states that notwithstanding any assignment of copyrights in works such as music compositions and lyrics that have been incorporated into a film or sound recording, the authors of such underlying works shall continue to have a right to remuneration from any exploitation of the underlying work.

The current plight of lyricists vindicates the stance adopted by opponents of the classical doctrine of freedom of contract. It is a well known fact that one of India’s greatest lyricist Majrooh Sultanpuri died in penury and his family lives in a single room now. Had he had a continuing right to royalties in his work, this would have never happened. However, the bulk of proceeds from commercial exploitation went to the record companies and producers and the “creative” artist who delighted the public with a rich tapestry of words got nothing. To rectify this gross injustice the government of India proposed an amendment to the Copyright Act (1957).

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Should the Lyricists be prohibited from assigning their right to royalties?

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Pro

The freedom of contract is not a absolute principle, but has been curtailed time and again by the Indian Parliament. The Minimum Wages Act is an excellent example, where the Indian Parliament has forbidden any wages below a prescribed minimum level (and contracts to the contrary will be invalid).

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Con

Curtailments to the doctrine of freedom of contract by the legislature have been considered legitimate only when countervailling forces arising from the inequality of bargaining power between the parties are of such a grave character that interventions to protect the welfare of social groups is imperative. While this may be true for organised labourers as a discriminated class, it can certainly not be extended to benefit groups such as lyricists. Many lyricists such as Javed Akthar are making a luxurious living despite assigning rights. Negotiating favourable contracts with suitable terms and conditions is integral to the job of a commercial lyricist and no case for state intervention can be justified merely by taking resort to analogies from other professionals with different social and economic realities.

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Should there be a ban on exclusive license of copyrights by lyricists?

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Pro

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Con

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Should there be a ban on assignment of copyrights to a third party(save to legal heirs)?

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Pro

Prohibition of assignment by the authors of such works in favour of any third party, save their legal heirs would ensure continued ownership of underlying works and hence claim of continuing royalties for its exploitation by a third party, whether by way of incorporation into another work or as a standalone exploitation.

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Con

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Author as the First Owner

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Pro

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Con

References:

• Amendment to Copyright Act relating to authors of underlying works
• IP

External links and resources:

Amendment to Copyright Act relating to authors of underlying works