Short answer: not without permission. A remix is a derivative work. Making one without the rights holders’ consent infringes copyright, and the statutory licence that exists for cover versions does not cover remixes.
That last point is where most people go wrong, so it is worth taking slowly.
Cover versions and remixes are treated differently
These two words get used interchangeably. Indian copyright law treats them as completely different things.
A cover song is a new performance or recording of a previously released song by someone other than the original artist. Same song, different performance.
A remix alters the existing song by adding or changing elements such as beats, tempo and effects. It is built on the original recording rather than re-performed from scratch.
Section 31C of the Copyright Act provides a statutory licence for cover versions. It does not extend to remixes.
What Section 31C actually allows
If you are making a genuine cover version, Section 31C gives you a route that does not require negotiating with the owner, provided you follow it exactly:
- Wait five years. No cover version can be made until five calendar years have expired after the end of the year in which the first sound recording of the work was made.
- Give prior notice of your intention to make the recording, in the prescribed manner.
- Provide copies of all covers and labels in advance.
- Pay royalties in advance, at the rate fixed, for a minimum of fifty thousand copies of each work.
- State clearly that it is a cover version.
- Do not alter the work. Alterations are permitted only where technically necessary for making the sound recording. Changing lyrics or reworking the music takes you outside the provision.
- Do not mislead the public as to the identity of the recording.
Note how narrow this is. Only note-for-note, word-for-word covers qualify. Anything creative falls outside.
Why remixes fall outside it
A remix, by definition, alters the original. It changes beats, tempo, arrangement or effects. That is precisely what Section 31C does not permit.
So a remix is an adaptation of the original work, and Section 14 of the Copyright Act reserves the right to adapt exclusively to the owner. No statutory licence covers it.
The consequence: for a remix you need actual permission, negotiated with the rights holders.
Who you need permission from
This is the second place people get caught out. A single song usually carries several separate copyrights, owned by different people.
| Right | Typically owned by |
|---|---|
| Musical work (composition) | Composer, often assigned to a publisher or label |
| Literary work (lyrics) | Lyricist, often assigned |
| Sound recording | Producer or label |
Permission from the label for the sound recording is not permission to use the composition or the lyrics. Clearing one and not the others is the most common failure in remix disputes.
Where the authors are members of a copyright society, licences can often be obtained through the society rather than chased individually. IPRS administers literary and musical works.
What you should do before releasing a remix
- Identify every right involved, and who currently owns it. Rights are frequently assigned, so the original artist may no longer be the owner.
- Obtain express written consent from the owners of each right.
- Agree royalties in advance.
- Get specific permission for the alterations you intend to make.
- Ensure the label or cover does not mislead the public as to who made the recording.
- Keep the paperwork. Verbal permission is not worth relying on when a takedown notice arrives.
Author royalty rights
The 2012 amendments strengthened the position of lyricists and composers on royalties where their work is used in films and sound recordings.
This matters for remixes because it means the authors may retain royalty entitlements even where they assigned their rights, so the label’s consent alone may not settle the position. Vodafone Idea Ltd v IPRS before the Calcutta High Court is part of the developing picture here.
What happens if you skip this
Copyright infringement. The rights holders can seek an injunction, damages or an account of profits, and delivery up of infringing copies.
In practice the more immediate consequence for online releases is takedown, demonetisation and channel strikes on the streaming and social platforms, which happens quickly and without any court involvement.
Frequently asked questions
Is a remix legal in India if I credit the original artist? No. Crediting the artist is not permission. You need consent from the owners of the underlying rights.
Does Section 31C let me make a remix after five years? No. Section 31C covers cover versions only, and only note-for-note ones. Remixes are outside it entirely, regardless of how much time has passed.
Can I remix a song if I do not monetise it? Non-commercial use does not create a general exemption. India’s fair dealing provisions are a defined list and do not cover making a remix for release.
Who do I need permission from? Potentially three sets of owners: the composer or publisher for the musical work, the lyricist or their assignee for the lyrics, and the label or producer for the sound recording.
What about remixes on Instagram or YouTube? Platform licences with copyright societies may cover some uses of original recordings, but they do not authorise you to create and distribute a derivative work. Takedowns are routine.
Is a mashup treated the same way? A mashup combines multiple works, so it multiplies the clearance problem rather than avoiding it. Every underlying work needs clearing.
Useful official resources
- Copyright Act, 1957 — Sections 14, 31C, 52
- Copyright Office, India
- Indian Performing Right Society