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Protect the originality of your work with Sound Recording Copyright. Increase the likelihood of application approval by contacting us.
In many creative works, the role of sound is paramount. For example, a cinematography project involves both video recording as well as sound recording that work together to deliver a combined cinematography experience.
In order to protect it from unlawful reproduction and usage, the most feasible and effective way is to seek copyright on the same.
According to the Copyright Act, 2012, the owner of copyright in sound recordings carries the following exclusive rights:
– to make any other sound recording embodying it;
– to sell or hire any copy of the sound recording; or
– to communicate the sound recording to the public.
Section 31C of the Copyright Amendment Act, 2012 deals with statutory licenses that can be obtained for making a sound recording in respect of any literal, dramatic or musical work.“Cover version” means a sound recording made in accordance with the above-mentioned section. There can be two forms of licenses that legalize this action i.e. - Statutory licenses and General licenses.
While a statutory license is administered by the provisions of this Act, a general license is prepared on the terms and conditions as finalized between the licensor and licensee. This section also describes various other rules which one has to follow while making a cover. The person carrying out the sound recordings must give prior notice of his purpose to make the sound recordings. Such sound recordings shall be in the same medium as the last recording unless the medium of the last recording is no longer in current commercial use.
Copies of the covers/labels have to be disclosed to the owner of the sound recording prior to the release of the cover version. The cover version should explicitly mention that it is a cover version of the original sound recording. There should be no alteration of the sound record unless it is technically necessary. Statutory licenses are not mandatory. If an artist wants to make a cover version before the expiry of 5 years of the original work or wants to negotiate on the point of royalty, he has the option of acquiring a general license. The production of covers without the consent of the owner of the original song amounts to copyright infringement. The owner is entitled to civil remedies like an injunction, etc. when such violations occur.
At Trademark Bazaar, we have a team of copyright professionals who know how to seek proper copyright protection against the sound recording you made. We take into consideration all the factors while applying for copyright registration so as to increase its likelihood of getting approved.
What is a Sound Recording?
"Sound recording" refers to a recording of sounds from which sounds may be produced irrespective of the medium on which such recording is made or the method by which the sounds are produced. A phonogram and a CD-ROM are sound recordings.
Why should sound recording get copyright protected?
Copyright warrants certain minimum safeguards of the rights of authors over their creations, thereby protecting and rewarding creativity. The protection awarded by copyright to the efforts of writers, artists, musicians, and producers of sound recordings an environment conductive to creativity, which encourages them to create more and motivates others to create.
What are the rights in a sound recording?