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Music is an artistic work which falls into the purview of copyright protection. Nowadays, music lovers can easily stream music. Even restaurants, bars and lounges play music to entertain guests, either through hiring DJs or by playing music through sound systems. However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement.
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Are Musical Works Protected Under Copyright Law? • The subject matter of Copyright Law extends protection to original musical works. • Section 2(p) of the Indian Copyright Act, 1957 defines musical works as a piece of music and includes any graphical representation of the musical notations of the music but does not consist of any words or any acting which is to be sung, spoken or performed with music.
Who owns Copyright over a musical work? The author of a work qualified for copyright protection is the owner of it and in case of a musical work the composer of the work is its owner.
Can copyrighted music be used legally? Copyrighted music can be made use of with the help of licensing and Section 52 of the Indian Copyright Act, 1957 has exceptions which leads to fair use of copyrighted works, including musical works. Section 52 (1)(j) stipulates for legal use of copyrighted music with the consent of the owner through licensing.
