dramatic, musical and artistic works; (b) cinematograph films; and (c) sound recording. (2) Copyright shall not subsist in any work specified in sub-section ... sound recording made in respect of a literary, dramatic or musical work, if in making the 'sound recording, copyright in such work has been infringed
Copyright Act, 1957
27. Term of copyright in sound recording.—
In the case a sound recording copyright shall subsist until sixty years from the beginning
make other
sound recording embodying it; to sell or hire any copy of the sound
recording; or to communicate the sound recording to the public ... make a sound recording. From Section 2(m)
it is clear that unless a sound recording actually embodies a previous
sound recording or a substantial
sound recording or film
and the sound recording or film right itself and further that reproduction/making of sound
recordings or films/public performance ... either produce a sound recording himself/itself or may engage a sound recording
company to create a sound recording based on the said composition
Sound recordings
(1) In this part "sound recording" means-
(a) a recording of sounds, from which the sounds
may be reproduced ... sound recording. Such underlying works
do not lose their existence upon a sound recording or any
number of sound recordings being made. Upon a sound
sound recordings containing
these lyrics and music, when the claimant has a separate license for
broadcasting those sound recordings from the holders of copyright ... sound recording at all.
It is submitted that monetary claim arising out of sound recording at
the most is a subsidiary right in copyright
sound recording. He also admitted that
the owner of a sound recording can also permit others to make copies
of the sound recording without seeking ... sound recording pays the owner of the underlying works only to
make the sound recording. Thereafter, the owner of the sound
recording must again approach
sound recording or film
and the sound recording or film right itself and further that reproduction/making of sound
recordings or films/public performance ... either produce a sound recording himself/itself or may engage a sound recording
company to create a sound recording based on the said composition
sound recordings containing
these lyrics and music, when the claimant has a separate license for
broadcasting those sound recordings from the holders of copyright ... sound recording at all.
It is submitted that monetary claim arising out of sound recording at
the most is a subsidiary right in copyright
sound recording (the person who causes the sound
recordings to be made) will own all the rights in the sound recording as
well ... sound
recording, is misplaced; the same does not deal with the right of the owner
of the sound recording to communicate his sound recording
