Who protects a music composer’s legacy post death?
My late father was a music composer. He assigned the rights in his works to a film producer decades ago, and by virtue of subsequent assignments, a music label now owns them. The label has released a remix that distorts one of his best-known songs, and his name is missing from the streaming credits. Can our family do anything?
– Name withheld on request
Yes. Even where a label owns the copyright in a song, Indian law gives the composer certain moral rights that remain with him even after he has parted with the copyright.
These rights are governed by Section 57 of the Copyright Act, 1957, which gives an author two rights:
Right of attribution: The right to be identified as the author of the work.
Right of integrity: The right to restrain, or claim damages for, any distortion, mutilation, modification or other act in relation to the work if it is prejudicial to the author's honour or reputation.
The family can, therefore, seek restoration of the composer's name in the credits if his musical work has been used in the remix. Whether they can also challenge the remix itself depends on what has been changed. If the remix distorts the song in a manner prejudicial to his honour or reputation, his legal representatives can seek to restrain it or claim damages.
Subject to the terms of the assignment deed and the applicable law, when a composer assigns his song to a film producer or music label, he transfers the right to exploit it commercially. He does not transfer his right to be identified as the composer or his right to object to distortion of his work.
Before the 2012 amendment, a deceased composer's legal representatives could enforce the right against changes prejudicial to his honour or reputation, but could not exercise his right to claim authorship. The Copyright (Amendment) Act, 2012 removed that restriction with effect from 21 June 2012. Legal representatives can now seek recognition of the composer's authorship and restrain, or claim damages for, distortions or other changes that prejudice his honour or reputation.
The 2012 amendment also removed the wording that confined the right of integrity to acts committed before copyright expired. Section 57, therefore, no longer expressly ties this right to the copyright term. The composer's legal representatives may consequently be able to challenge a distortion even after copyright expires, provided it prejudices his honour or reputation.
Making a remix is an “adaptation” of the music, which includes rearranging or altering the work. The right to make or authorise an adaptation belongs to whoever owns the copyright.
Moral rights do not give heirs a veto over every new version of a song. They protect against two specific harms: the removal of the composer's name and modification, distortion or mutilation of his work that damages his honour or reputation.
Indian law allows a composer's legal representatives to insist that he is credited and to object when his work is distorted in a manner that harms his reputation. Families cannot veto every remix if it is made in compliance with applicable laws after the necessary rights or licences have been obtained.
However, where these rights may have been infringed, legal proceedings can be initiated following a preliminary assessment. The questions are whether the composer has been credited and whether the changes are prejudicial to his honour or reputation.
The family can first write to the label seeking correction of the credits or withdrawal of the remix, supported by proof of authorship and their own entitlement to enforce his moral rights. If that fails, Section 57 allows them to approach a court for an injunction restraining the distortion or for damages.
Kritika Seth is the founding partner and Neha Singh is an associate at The Victoriam Legalis (TVL).
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