In this era of Millennials and Gen Z, Spotify and other music apps seems to be the go-to platform, with everyone tuning in to music. From vibing to popular tracks to setting the trends on Instagram reels, music has been intertwined into everyone’s life so much that even common people are involved in the trends industry. A significant aspect of this trend is the rise of song remixes, which, now accessible to anyone, have also led to an increase in IP infringement issues – particularly copyright implications.

It is first pertinent to bring out the difference between cover songs and a remix in order to obtain a clearer picture of its copyright implications. A Cover song is simply a new performance or recording of a previously released song by a person other than the original artist. In contrast, a remix involves alteration of an existing song by adding or changing elements like beats, tempo and effects. While both cover song and remix attract copyright implications, we focus on the laws pertaining to remix in this blog.

Section 14 of the Copyright Act, 1957 provides all rights, including further development, translation, reproduction, publication, communication to the public among others, exclusively to the owner of the work. When creating a remix, it falls under the scope of a derivative work, and as it consists of alteration of primarily elements of the original work, it directly infringes upon the right of the owners if not done as per law.

Here’s the To-Dos for the Creators before working on a remix!

  1. Give notice to original track owners
  2. Obtain express consent/permission from owners to make the remix
  3. Payment of royalty to the owners
  4. If you would like to make any alteration to the original song, obtain prior express permission from the owners
  5. Make sure the label/ cover of the Remixed version is clear regarding the contents and the owner and proper credits are given to the original owners

In addition to the above, it is general practice and perception that a remix can be made only after expiry of 2 years from the release of the original song in order to protect its commercial viability. However, it is pertinent to note that the Copyright Act, 1957 does not provide any mention regarding the license for remix versions and consequently, the 2-year time period has also not been specified in the Act. A person can thus create a remix version if proper prior consent and license is obtained from the owners of the original work.

Even though the abovementioned conditions seem pretty easy in theory, various scenarios arise in day-to-day situations making it complicated in many cases. The solutions/ guide to the most frequently encountered problems regarding the copyright issues in remix have been dealt here:

  • Considering that copyright in a song is owned by many parties, from whom should permission be obtained for creating a remix? What licenses are required?

It is quite common knowledge that unlike other works, the IP rights in a song do not vest with a single person, as a song is not considered as a single piece of work under the eyes of law.

If a song is written, composed as well as sung by a single person, then the copyright vests with him as a whole and the creator of a remix can directly reach out to the owner to obtain license and his consent.

But in most cases, copyright vests with many people over a song – the lyrics of a song being a literary work, the lyricist is the copyright owner of it. The Composer is the owner of the musical work and the Producer would be the copyright owner over the sound recording. Thus, in order to obtain consent/ license for creating a remix, consent should be obtained from the following parties:

  1. Composer – If you intend to change the tune, tempo, beats or any alteration to the composition of the original music work, then permission from composer is necessary
  2. Lyricist – If you intend to use the lyrics of the original song in your remix or to alter them, permission of lyricist is necessary
  3. Producer – As the producer is the copyright owner of the master recording of the song, permission from the producer is essential

It is pertinent to note that in many cases, the rights of the Composer and lyricist are intertwined and thus, obtaining permission from both regardless of whether you only intend to remix the tunes or only the lyrics is recommended to avoid legal implications.

Either one consolidated agreement or separate Agreements/ license from each of the three owners of the original song is acceptable.

  • Is payment of royalty mandatory? How much royalty is to be paid and to whom?

As mentioned above, the Copyright Act does not provide regarding the remix version of songs and thus, the amount of royalty to be paid has not been defined under the Act. On the other hand, the Act provides for license and royalties regarding cover versions of original songs – which mentions that a royalty for a minimum of 50, 000 copies are to be paid based on the amount fixed by the Copyright Board to the owners of the original work. The Act doesn’t mention the split up of the amount of royalty to be paid between the different owners – thus it is considered as a whole.

The same principle in essence should apply to Remix versions as well. However, until an amendment is brought to the Copyright Act to specifically include these provisions for remix version, the necessity of paying royalty or the amount to be paid would be based on the agreement entered into with the owners of the original work. Thus, even though payment of royalty is not mandatory for creating remix as per the current law, when taking the principles of the Copyright Act into account, it is recommended to pay an agreed amount as royalties to protect the interests of the original owner and to avoid unnecessary legal disputes.

  • Are there any circumstances when a creator can create a remix without permission of the original owners?

Yes. If the remix version is created for personal non-commercial purposes, then permission of original owners of the track is not necessary. Notably, prior permission is required when the remixed track is posted before any public medium, accessible to others.

  • What to do when the owner cannot be reached, or details of owners cannot be found?

In India, the Indian Performing Right Society (IPRS) handles music copyright licensing. You can try contacting them regarding details of the original owners. You can also try contacting Record labels and Music Licensing agencies, as songs are now recorded by popular Record Labels who might be managing the copyrights over the song or would be able to provide the contact information of the original owners.

If all efforts are futile, make sure to document all your attempts to contact the original owners as it may help in case of any future legal disputes.

  • What if the owner refuses to provide consent?

Then the situation becomes tricky. Try negotiating further, but if nothing works then it’s better to create original songs on your own. You can also try using the original songs available on the public domain to create your remix, or just limit the remixed version for personal use.

  • What are the legal implications if a song remix is created in violation of the above rules?

There is no law as such prescribing specific punishment for violating creating remix without prior consent. However, it usually leads to cease & desist notices, take down notices on social media platforms and may even escalate to lawsuit if the owners initiate one against you.

Make sure to use your creativity within the walls of law, as a legal action can take years of your work.

Written by Keerthana K