In a major relief to music companies which are often pulled up for copyright issues, Delhi high court has said that the remixed version of a song does not come under the Copyright Act.
Justice Vipin Sanghi said in his detailed order, “The right of the copyright-holder in a sound recording to communicate the sound recording to the public can only mean the right to communicate the sound recording as a sound recording and not the cinematographic version linked to it.”
The court was hearing a plea from the Gramophone Company of India which had sought an injunction against Super Cassette Industries Ltd from launching remixed versions of sound recordings on which they own copyright.
The plea by Gramophone Company said, “Super Cassettes has launched a series of audio cassettes containing version recordings which violate copyright. The company avers that it has not granted any right, permission or licence to them [Super Cassettes] to make version recordings of the works in which it has copyright.”
Gramophone company alleged that the launch of ‘Super non-stop remix volumes 2, 3 and 4’ contain remixed versions of songs from Hum Aapke Hain Kaun, Daur, 1942 — A Love Story, Saudagar, Dilwale Dulhaniya Le Jayenge and many more films.
According to Gramophone company, Super Cassettes usedthe songs even though it was denied permission, made version recordings embodying the lyrics and the musical works.”
However, Super Cassettes maintained that they created new sound recordings by employing a different set of performers, musicians and artists who use the literary and musical works of the original song.
The court, after citing various provisions of the Copyright Act, said, “The owner[s] of copyright in the literary, dramatic and musical works can make or authorise the making of a new sound recording by using the same literary, dramatic or musical work which may earlier have been used for making an earlier sound recording. This right is not abridged or taken away by the said provision. Therefore, it is permissible to make another sound recording either by using the same or different set of musicians, singers or artists.”
