The ownership of derivative works has been hotly contested by authors, composers and lyricists (collectively, “authors”) on the one end of the bargaining spectrum; and producers, music labels and broadcasters on the other. This tussle has raised certain rudimentary questions – first, will the author’s copyright in the underlying work continue to subsist after its incorporation in the final (derivative) work; and second, will authors continue to receive royalty for utilisation of their work as part of such final work. These questions turn the focus on whether the 2012 Amendment (“Amendment”) to the Copyright Act, 1957 (“Act”) “fundamentally changed” the treatment of authors’ rights with respect to original, underlying works created by them.
Associate in the FSRP + Disputes practice at the Noida Office of Cyril Amarchand Mangaldas. Meghna actively works on trade mark, copyright and patent disputes and advisory matters, and regularly advises financial sector clients on regulatory compliance issues. She can be reached at email@example.com.