1. How does the IPRS Stage at Serendipity Arts Festival 2024 contribute to preserving and promoting India’s folk music while providing a platform for emerging artists? 

Preservation of an art form happens when it is showcased to an audience, especially to one that may not go to museums or read about it voluntarily. Music is among the easiest art forms to engage audiences so it is important for preservation of this art form that the music be showcased at popular music events, to educate and promote this art form. Hence the showcase of folk music on the IPRS Stage at Serendipity.

2. What are some of the biggest legal hurdles folk and regional music creators face in asserting their copyright, especially when their works are traditionally shared orally or as part of community culture? 

By definition, traditional music falls out of the ambit of copyright protection, so in a sense there is no copyright for a composer or author of a folk song. However, every recording of a folk song is an adaptation of the traditional composition and / or lyric, which then generates its own copyright and falls under the ambit of copyright protection. People are unaware of this and that is the biggest challenge to musicians working with traditional music. In addition, every sound recording, whether of a folk song or otherwise, enjoys copyright protection for the term of copyright (currently under Indian law, 60 years from the date of release). Regional language music may or may not be folk music but the challenge these creators and performers face is limitation by language to certain regions. It is necessary then, to provide them platforms to perform to audiences outside those regions which is again why IPRS has chosen to take this initiative of having a dedicated stage at Serendipity.

3. What challenges does IPRS face in tracking the usage of folk music across various platforms, and how are these addressed to ensure accurate royalty payments? 

As with all societies across the world, accurate information (or metadata as it is called) is a challenge. There is no ready database which people can refer to for confirmation as to whether a song is in public domain or not. So a song assumed to be out of copyright protection by term may not actually be so and not crediting the creators but calling the work traditional, denies them their royalties. Another issue is adaptations of folk songs where the work is credited as wholly original. The industry as a whole is attempting to standardise music metadata to include key music identifiers to credit and pay creators correctly and also work out a system for adaptations of traditional music to be credited accordingly. IPRS is in the forefront of this initiative.

4. What initiatives can IPRS undertake to educate folk and regional artists, especially those from rural communities, on their legal rights under the Copyright Act? 

IPRS has been conducting and participating in several conferences, workshops and training sessions physically and virtually to educate creators across various states. It has been laudable work and is growing by the day. One has to remember that this is like a school where there is an influx of new students every year and existing students also need to be educated to move to greater levels of understanding. So it is an initiative that needs support from many quarters.

5. In what ways is IPRS ensuring fair compensation for creators, and what more can be done to tackle copyright infringement? 

‘Fair compensation’ is a very broad term so the IPRS initiatives to ensure fair compensation  can be categorised broadly under two heads: (1) Good negotiation of rates with Licensees. (2) Converting third party users who do not pay into paying Licensees. The latter issue has mostly been through dialogue, which is always preferable, even if time consuming but where required, the body has also filed copyright infringement cases to bring defaulters to book.

6. How can the music industry support regional voices without compromising on commercial interests, and how does IPRS play a role in this?

‘Regional voices’ are all a part of the music industry and everyone works together to address industry issues. IPRS has a very strong presence and representation in the regions. And IPRS is very much a part of the music industry.

7. How can platforms like the IPRS Stage help in discovering and nurturing fresh talent, particularly within the folk music genre? 

As above, all budding artistes and all music genres need a platform to play to an audience. Popular festivals like Serendipity provide the opportunity for IPRS to showcase such talent and genres. It is the first attempt by IPRS to do this and hopefully will be the start of many more.

8. What key factors are necessary to create a transparent and sustainable music ecosystem that benefits both creators and the broader industry? 

The fact that the industry has been growing year on year, should answer the question of sustainability. That includes the leaps and bounds IPRS has made in revenue collection and distribution. If one looks at the growth in memberships of IPRS over the past three years, it is another example of the success IPRS is having in educating and retaining creators. One critical aspect of transparency is the government granting copyright society status to bodies, since societies are governed by certain rules, a lot of which have to do with transparency in tariffs and accounting, which are published on the society websites. If one looks at the IPRS website, it provides all the transparency that is required. In addition, members have their own portal, which provides further information / transparency.

9. How important is it for the music industry to adopt stronger copyright frameworks to protect the intellectual property of folk and regional music creators? 

India’s copyright laws are fine, even if some parts need greater clarity. It is non-compliance by users which is the issue. This is where the government can help the industry in three ways: (1) For its one window public performance initiative, the government should help ensure that establishments playing music pay the requisite license fee. Currently there are about seven million hotels and restaurants in the organised sector in India of which about 7,000 pay IPRS. We need the rest who play music, to also take licenses. (2) Reinstatement of a Copyright Board. Court cases take extremely long in India to adjudicate as evidenced by the IPRS case vs FM radio that has been ongoing for about 18 years. We need speedy judgements in copyright disputes so that creators and copyright owners are not denied royalties for inordinate amounts of time. (3) Extension of the term of copyright to 70 years from 60, as has been done in a number of countries. This grants another 10 years of copyright protection and earning to all works across categories. There is no special law required for folk or regional music creators.

10. Given the global reach of Indian music, how does IPRS collaborate with international collecting societies to ensure that Indian creators receive royalties from overseas usage?  

Under the CISAC umbrella, there are reciprocal agreements in place between collecting societies in different countries. It is important that all societies grant all collection rights to the appropriate societies to ensure all royalties are collected. Complexity in licensing has arisen after the advent of the digital era where geographical boundaries have vanished and societies can license and collect centrally for various rights. This needs some attention, to ensure that royalties do not ‘leak’ because licenses are not in place.

This article was first published on IPRMENTLAW