Copyright issues on soundtracks are significant in the entertainment industry, involving various legal aspects.
Firstly, originality and ownership are fundamental. The music composer holds the copyright for the original score, the lyricist holds the copyright for the words, and the producer or record label typically holds the copyright for the recorded version. These distinct copyrights mean that multiple parties can have a stake in a single soundtrack.
Secondly, several rights are involved in soundtracks. Reproduction rights allow the copyright holder to make copies of the work, while distribution rights govern the selling or distribution of these copies. Public performance rights enable the copyright holder to perform the work in public, and synchronization rights allow for the synchronization of music with visual media, such as in films or television shows.
Issues can arise when these rights are infringed, such as when a soundtrack is used without proper authorization or licensing. One such similar issue is being faced by Indian Actor and Filmmaker – Rakshit Shetty surrounding his recent comedy film, ‘Bachelor Party’.
Case Background
• The Yeshwanthapura police station in Bangalore registered an FIR against Rakshit Shetty and his production house, Paramvah Studios, following allegations of unauthorized usage of two songs, ‘Gaalimathu’ (1981)and ‘Nyaya Ellide’ (1982), in their movie.
• The movie was released on Amazon Prime in March 2024, and the movie makers used the songs without permission from the copyright owners.
• The complaint was lodged by Naveen Kumar, a partner at MRT Music, asserting that Rakshit Shetty’s team utilized these songs without obtaining proper permissions or acquiring broadcast and ownership rights.
• The Senior police officials confirmed that the registration of the FIR under the Copyright Act on June 24, and a notice had been issued to Rakshit Shetty regarding the matter but there was no response from his side.
• Rakshit Shetty has now applied for anticipatory bail in the Bangalore Sessions Court.
• The court will be hearing the matter on July 24, 2024.
Copyright Infringement Allegations
Rakshit Shetty has been held liable under Section 63 of the Copyright Act 1957, which states that : Any person who knowingly infringes or abets the infringement of the copyright in a work or any other right mentioned in the Act except the right mentioned in 53A,shall be punishable with imprisonment of not less than 6 months which can extend up to 3 years and fine which shall not be less than fifty thousand and can extend up to 2 years.
Legal & Industry Implications
The FIR against Rakshit Shetty highlights broader concerns regarding copyright compliance in the entertainment sector, where adherence to legal protocols is crucial for fostering a fair and ethical environment. The legal challenge facing Shetty marks a pivotal moment in his career, potentially influencing not only the outcome of the allegations but also his standing within the industry. The case underscores the complexities surrounding intellectual property rights in the creative field, where the line between inspiration and infringement can blur amid evolving industry practices.
In recent years, the entertainment industry has witnessed an increase in copyright disputes, reflecting the growing scrutiny over intellectual property rights in the digital age. Such cases not only impact individual careers but also shape industry standards and practices, influencing how creative works are produced, distributed, and protected.
The controversy has fuelled discussions on social media platforms and within industry circles, with debates focusing on the responsibilities of filmmakers to obtain proper permissions and licenses for creative content.
Conclusion
In today’s film industry, copyright problems have become more complicated. With movies now accessible globally through digital platforms, filmmakers face significant challenges in protecting their creative work from unauthorized use. Everything from scripts to music scores can be at risk of being copied without permission. The prevalence of online piracy and the ease of digital distribution have made these issues even more pressing. Filmmakers must navigate a complex legal landscape to ensure their Intellectual Property Rights are respected. Regardless of the outcome, the incident underscores the need for comprehensive copyright compliance measures and transparent communication between creators, rights holders, and industry stakeholders. As the entertainment landscape continues to evolve, stakeholders must navigate these complexities with diligence and integrity, ensuring that creativity thrives within a framework that respects and protects intellectual property rights. As Rakshit Shetty navigates this legal challenge, the broader implications for Kannada cinema and the entertainment industry as a whole remain uncertain.
However, the case against him reminds us of the responsibilities that come with artistic expression and the ongoing importance of ethical behaviour in creative work. The incident serves as a reminder of the importance of respecting intellectual property rights. The case against Rakshit Shetty serves as a cautionary tale for aspiring filmmakers and established industry professionals alike, emphasizing the importance of due diligence in all aspects of film production.
Authors: Khushboo Pareek, Rutvik Mehta, Harneet Sethi & Viha Mehta