The Legal Journey of a Song: From Studio to Streaming

Music is an integral part of our lives. From the soulful notes of classical ragas to chart-topping pop anthems, every song represents a complex blend of creativity, collaboration, and commercial planning. But behind the scenes, before a song reaches our headphones or concert halls, it travels a legal journey filled with contracts, rights, licenses, and compliance. On this World Music Day, it’s worth exploring what that journey looks like from a legal perspective.

Understanding the legal lifecycle of a song—from the moment it’s composed in a studio to when it’s streamed on platforms like Spotify or YouTube—is essential not only for musicians and producers but also for event managers, digital creators, broadcasters, and entertainment businesses.

🎼 Stage 1: Creation and Ownership

Every song begins as an original idea—music, lyrics, or both. Legally, these components are protected under the Copyright Act, 1957:

• Lyrics are protected as literary works

• Musical composition (melody, harmony, rhythm) is a musical work

• Sound recording (final studio version) is a separate category

• Performer's rights protect the singer or instrumentalist

Ownership at this stage depends on:

• Whether the artist is working independently

• Or under a contract with a music label, film production company, or agency

By default, the creator owns the copyright, unless rights are assigned through a contract. It’s vital for artists to clearly define:

• Who owns what

• Who controls reproduction, adaptation, and distribution rights

• Royalty entitlements and crediting

📝 Stage 2: Contracts and Assignments

To commercialize a song, various contracts come into play. Common agreements include:

1. Composer-Lyricist Agreement

Defines joint ownership or division of rights between the music composer and the lyricist. Ensures no future disputes about who owns the song.

2. Recording Agreement

When a producer or label is involved, they often fund the studio session and sign a contract with the artist, transferring or licensing rights to the sound recording.

3. Assignment of Copyright

The Copyright Act, 1957 (Section 19) allows rights to be transferred through an assignment deed, which must specify:

• Rights assigned

• Duration

• Territory

• Royalty details

If these aren't mentioned, the default duration is five years and territory is India only.

💼 Stage 3: Licensing and Rights Management

After creation and recording, the song must be licensed to ensure lawful use and monetization.

There are multiple licenses involved:

1. Mechanical Rights

For reproducing the song—such as on CDs or digital downloads.

2. Synchronization Rights

For syncing the song with visuals in movies, web series, advertisements, etc.

3. Public Performance Rights

For playing the song in public spaces—restaurants, radio, events, etc.

4. Broadcasting Rights

For airing the song on TV, radio, or digital streaming.

Artists and producers often join Copyright Societies to manage these rights, like:

• IPRS (Indian Performing Right Society) – for composers and lyricists

• PPL (Phonographic Performance Ltd.) – for sound recording owners

These bodies collect royalties on behalf of members and distribute earnings based on usage.

📱 Stage 4: Distribution via Streaming Platforms

Once rights are secured and recordings finalized, the song is uploaded to digital streaming platforms (DSPs) such as:

• Spotify

• Apple Music

• JioSaavn

• YouTube

• Gaana

These platforms typically work with:

• Music aggregators (like TuneCore, CD Baby)

• Or labels who handle the legal compliance, metadata, and royalty reporting

Streaming platforms do not own the music, they only license the right to stream it, often under non-exclusive digital distribution contracts.

Each play generates micro-royalties which are divided among:

• Songwriter

• Publisher

• Performer

• Label or rights holder

Transparency and tracking are critical here. Artists must review contracts carefully and ensure:

• Correct song credits

• Royalty splits

• No hidden exclusivity clauses

📀 Stage 5: Copyright Protection and Registration

While copyright exists the moment an original work is created, registration with the Copyright Office (India) provides proof of ownership and aids enforcement.

Registration is especially helpful when:

• A dispute arises over authorship

• A copyright infringement case is filed

• You wish to license or assign rights commercially

Required documents include:

• Copy of the work

• Details of the authors

• Declaration of originality

• Applicable government fee

⚖️ Legal Issues and Pitfalls to Avoid

The legal journey of a song is not always smooth. Common problems include:

1. Unclear Rights Ownership

If collaborators don't sign written agreements, disputes can arise over who owns what. Courts often favor the party who has better documentation.

2. Unauthorized Sampling or Remixing

Using parts of another song (beats, lyrics, melody) without permission can lead to copyright lawsuits.

3. Improper Use in Commercials or Films

Syncing a song without proper sync licenses can result in takedowns, penalties, or court action.

4. Non-payment of Royalties

Artists sometimes assign rights without fully understanding the royalty terms. Without performance tracking and audits, they lose income.

📚 Key Court Cases on Song Rights

1. Indian Performing Right Society Ltd. v. Sanjay Dalia (2015)Supreme Court upheld that copyright holders can enforce their rights through societies like IPRS, even if they’ve assigned usage rights.

2. Tips Industries v. Wynk Music (2021)Delhi High Court ruled in favor of a copyright owner against a streaming platform that continued using songs after licensing expired.

3. Ilaiyaraaja v. Agi Music (2019)Tamil music legend Ilaiyaraaja won a case for royalty rights in his compositions used in films, affirming the rights of composers even when sound recordings are owned by labels.

👨‍⚖️ How Barowalia & Associates Helps Musicians and Rights Holders

At Barowalia & Associates, we believe in protecting the creative and commercial rights of musicians. Our services include:

• Drafting and reviewing music contracts

• Advising on copyright registration

• Negotiating licensing and publishing deals

• Enforcing rights against infringement or unauthorized use

• Representing artists in royalty disputes

We offer experienced legal support tailored to artists, producers, labels, digital creators, and event organizers in Himachal Pradesh and beyond.

From the studio to Spotify, from idea to income—every step in the music business deserves legal clarity and protection. On this World Music Day, we salute the artists and creators who bring music into our lives—and affirm our commitment to helping them protect what they create.

Disclaimer: For information only; AI Assisted; no liability whatsoever.