Social media platforms like Instagram, YouTube, Facebook, Moj, and various other platforms have revolutionized on how we create and consume content. Such platforms have allowed billions of Indians to share videos with music in the background. However, with the increase in content, comes an increase in issues. With the increasing number of creators are facing takedowns, demonetization, and even account suspensions due to the infringement of copyright claims. The rights holders and record labels are aggressively enforcing their rights, pressuring platforms to crack down on unlicensed music use. With the Bollywood and regional music industries playing a major role in content creation, understanding Indian music copyright laws is crucial for creators, influencers, businesses, and everyone who relies on social media for engagement and income.
The Legal Framework behind Music Copyright
Music copyright in India is governed by the Copyright Act, 1957, which provides protection for both musical composition and sound recording. Alongside the copyright law, the Information Technology Act, 2000 also plays a pivotal role in digital content regulation. Additionally, Performer’s rights under Indian law ensures that singers and musicians have rights over their performances. Streaming platforms and social media companies have implemented automated copyright detection tools, such as YouTube’s Content ID, to identify and flag unlicensed music in videos.
Recent Crackdowns and Legal Battles
Without proper licenses, content creators and businesses may expose themselves to risk of copyright infringement claims. In the recent years, music right holders have intensified their efforts to combat unauthorized use. Major record labels have filed lawsuits against businesses and influencers who use copyrighted music in promotional videos. Platforms have also responded with stricter enforcement measures, increasing the frequency of copyright claims, content removal, and even litigation. YouTube’s Content ID system automatically scans uploaded videos for copyrighted music, often resulting in demonetization or takedowns. Instagram has also updated its policy to restrict videos featuring unlicensed tracks. In India, music labels such as T-Series, Sony Music India, and Saregama have intensified efforts to combat unauthorized use of their content. The combination of legal action and platform policies has significantly impacted content creators who rely on popular music for engagement.
Here are a few legal battles that demonstrate how bad things can go!
KGF Chapter 2: MRT Music, a Bengaluru based music company, sued Congress leaders Rahul Gandhi, Supriya Srinate, and Jairam Ramesh for using songs from the hindi version of KGF: Chapter 2 without consent to generate video content for the Bharat Jodo Yatra in 2022.
T-Series: T-Series in 2020 issued legal notices against video-sharing apps, including Roposo, Snack Video, Bolo Indya, Mitron, MX Player’s Takatak, Triller, and Josh for various copyright violations by using the company’s IP on their platforms. The company claimed damages amounting to INR 35 million and to declare accounts of all profits illegally earned from such violations.
Saregama: Saregama in 2021 sued Moholla Tech Private Limited, the holding company of the short video format platform Sharechat and Moj allegeing that despite the expiry of the license agreement, Sharechat’s library feature was allowing access to Saregama’s song library. Saregama also has a known history
IPRS v. Vodafone: The Calcutta High Court upheld the rights of the Indian Performing Right Society Ltd. (IPRS) against Vodafone Idea Ltd and asked Vodafone to obtain a license from IPRS and pay royalties before commercially exploiting the musical and literary works incorporated in sound recordings as part of their services. Vodafone claimed that it was not required to pay royalties to IPRS, highlighting that amendments to the Copyright Act provide substantive rights to the authors of original works, ensuring they receive royalties for every public performance or communication of their work, which the court denied. The court emphasized the need for proper licensing and royalty payments.
What content creators and brands need to know?
To use music in commercial videos or advertisements on social media, brands and content creators must turn to appropriate licensing options:
- Sync License: Synchronization license is the key license for such branded content videos. Sync license is required when one wants to use music along with a visual content. This license must be obtained from the holder of the copyright.
- Mechanical License: This license is required if the creator or brand wants to reproduce and distribute copyrighted composition.
Other strategies to avoid copyright issues:
- Use royalty-free music: Platforms like Hoopr, and YouTube Audio Library offers music which is cleared for use.
- Create original music: For those creating and producing regular content, commissioning custom music or using independent artists who grants rights to use can be a viable option.
- Obtain consent from the copyright holder: This can be tedious and may require negotiations, but this is the safest way to ensure legal use of the music.
- Utilize platform-provided music: Instagram reels, Moj and YouTube offers libraries of licensed music that can be used without risk.
- Verify the license properly, and don’t just assume that a platform’s license covers commercial music.
- Audit the content and track license expirations to avoid infringement.
- Purchase software to monitor potential infringements across social media platforms.
What the Right Holders should do?
With the increasing enforcement of copyright laws, Indian artists and musicians must take proactive steps to protect their work and maximize revenue streams:
- Register Copyrights: Musicians should formally register their compositions and recordings under the Copyright Act, 1957, ensuring they have legal recourse against unauthorized use.
- License Music Through Authorized Platforms: Artists can partner with digital distributors such as TuneCore India, CD Baby, or DistroKid to ensure their music is properly licensed and monetized across platforms.
- Leverage Performance Rights Organizations (PROs): Organizations like IPRS (Indian Performing Rights Society) help artists collect royalties when their music is played in public spaces or online.
- Monitor Digital Usage: Artists should use monitoring services like Charmetric/ArtistOneto track where their music is being used and claim rightful earnings.
- Negotiate Fair Contracts: Independent artists should be mindful of contract terms when signing with labels or publishers, ensuring they retain adequate rights and royalties over their work.
Conclusion With the growing enforcement of music copyright laws on social media, brands and creators must be more vigilant than ever. As record labels and right holders push for stronger protections, platforms will continue refining their policies too. While the crackdown presents several challenges, this encourages a shift towards legal use of music. By understanding copyright law and implementing legal alternatives, brands and content creators can protect their work, maintain audience engagement, and avoid exorbitant legal costs of disputes. The future of digital content in India may see platforms offering broader licensing solutions, but until then, compliance remains key.
Author: Adv. Vidhi Gandhi