Safeguarding Dance Influencers in Musical Minefield - Part 2

Copyright Licensing is a voluntary arrangement where the copyright holder (licensor) grants permission to another party (licensee) to use their copyrighted work under specific terms and conditions and for specific purposes defined under the Agreement, to which the licensor holds exclusionary rights. It is an agreement directly between the creator and the user. This arrangement has been provided for under Section 30 of the Copyright Act, 1957 (“Copyright Act”) which provides that the owner of the copyright in a work may grant any interest in his copyright to any person by license in writing, which is to be signed by him or by his duly authorised agent. Furthermore, the Section categorically provides that a license can be granted not only in an existing work but also in respect of any future work, and in such a situation, the license shall come into force when such future work comes into existence. For a license agreement to be valid, it must be in written form and should be signed by the copyright owner or any other agent authorized by the owner, and must also contain the following details:

Identification of the work and rights licensed
A license’s duration and the geographical territories where it can be exercised
Royalties or other monetary arrangements that the licensee must provide to the copyright owner if the license is granted.
Specific conditions relating to revisions, extensions, and terminations of licenses.
Not contravene any agreements of the Licensor with a Copyright Society, if any

Additionally, according to the Copyright Act, music licenses are often granted by Copyright societies. Copyright Society is referred to as a legal body that protects or safeguards Second Research – Music Licensing under Copyright Laws the interest of owners of the work in which copyright subsists and is a regulated entity in the business of issuing licenses. The Copyright Society gives assurance to the creative authors for the commercial management of their works. These societies are collectively formed by a group of authors and other owners of such copyrighted works in order to manage and protect the authors or owners against copyright infringement, as well as provide access to such works through a single window to the users. Section 33(3) of the Copyright Act, 1957 provides that only a copyright society duly registered under the act can only conduct the business of issuing/granting licenses to the copyrighted work i.e., literary, dramatic, musical, or artistic works incorporated in cinematograph films or sound recordings, apart from the owner in their individual capacity.

Safeguarding Dance Influencers in Musical Minefield - Part 2

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