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News |  09 Feb 2009 15:23 |  By chiragsutar

Awareness key to safeguarding copyright - Baaja Gaajaa

PUNE: Independent artistes and labels from across the country gathered to discuss the issue of intellectual property rights on the second day of Baajaa Gaajaa, the Music Expo on 7 January at Pune.

Musicologist Dr Ashok Ranade, founder member of OML (Only much Louder) and Counter Culture records Vijay Nair, and organisers Shubha Mudgal, Dr Aneesh Pradhan and members of folk rock band Swarathma were present at the seminar.

Considering the fact that copyright infringement has become very common, be it illegal video recording, downloading music or plagiarism, it is also true that very few musicians are aware of the copyright laws and its nitty-grittes, panelists contended.

Speakers included Justice S J Vajifdar, advocate TN Daruwala who represented composer Ram Sampath in the landmark Ram Sampath-Roshan Krazzy 4 case last year and advocate Chander Lall who has been a legal representative of the Saregama label for several years.

Supporting the current laws, Chander Lall said, "The copyright laws are designed to read as if it's your own child. The owner of the creation, be it music or any form of art, actually gives a part of his body when somebody purchases it. The purchaser cannot say that I am the 'owner' of the child. The only owner is the creater." He added, "Every creation is protected for 60 years plus - your entire lifetime. The day you die, it lapses." Lall explained, "Till you sign it, nothing goes away from you – the law says exactly this".

Often, musicians end up signing contracts without reading the fine print. "Sometimes, you want fame, that is why you agree," T N Daruwala pointed out. "Don't do that, read up on copyright laws and rule books. Until you read, how will you understand?" he asked the assembled musicians.

The panelists had a strong suggestion for producers who often insist on exclusive rights from the artistes for varied media. Often, these exclusive rights are never used. Lall said, "Acquire only that, what you can consume." To the artistes, Lall suggested, "Think beforehand where your works can be used."

On the issue of plagiarism, Dr Ranade said, "In earlier days, if an artiste was supposed to play a piece composed by a maestro, he would hold his ears, confess and acknowledge the original creator and then go ahead with the performance. Today we don't see even that happening." "It's the issue of acknowledgement and not money," Mudgal exclaimed.

Speaking on the issue of rampant illegal downloading, Justice Vajifdar said, "It's a question of mindset. Users of the product are also equally responsible, pirated material is brazenly used and people merrily go around copying CDs. He added, "Musicians should spread awareness and tell offenders that by copying and illegal downloading, they would be depriving the musicians of making a living."

The seminar was like a legal gear-up session for musicians where the expert panelists shed light on the the present copyright laws, the need for change in copright law and also explained roles and functioning of licensing bodies like the PPL and IPRS.

This was the first time musicians and labels discussed several long pending, contentious issues under one roof with some of the most experienced copyright law experts in the country. Considering the fact that technology is growing rapidly, the present copyright laws need reviewing - that was the common consensus.

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