Wednesday, 28 May 2025

Unmute - Copyright Concerns: A Case study from Indian Music - Dr. Arshiya Sethi

At a time when the nation is mourning its dead tourists in the recent Pahalgam terrorist attack and containing enemy attacks through Operation Sindoor, I fear that not many would be interested about writings on music and the arts. Yet I do so because the bad times will pass and we will come back to being who we are- a civilization that values the arts and creativity, both of which flourish during times of peace. What I write today, is a tribute to those "achhe din" that lie ahead, round the corner, literally. It is also in keeping with the reason for my incessant writings on the lesser considered subject of arts and the law, as I want to imprint in the minds of all artists, the elements of the law that are uniquely applicable only to creative beings and which is both our right and our responsibility as stakeholders in the arts.

In this article, I focus on copyright. In recent days, the issue of copyright in the arts has been very much in the news, with the Delhi High Court hearing and then passing an interim order on case between Ustad Wasifuddin Dagar and A.R. Rahman. As this matter is sub-judice, I use only the facts in the public domain or those referred to in the order of Justice Pratibha Singh to reiterate some of the ideas and terms that are used in the understanding of Intellectual Property Rights.

 

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