Copyright Originality and Ownership of Sound Recording and Musical Works in the Indian Music Industry: Industrial practices and divergence from Copyright law

The Indian Music Industry (IMI), as the main representative body for India’s recorded music sector, recently shared research findings highlighting India’s immense music fan base. According to the study, 80% of Indian internet users identify as music enthusiasts or ardent supporters and this is a figure notably higher than the global average of 54%. The data reveals a substantial uptick in digital listening, with streaming contributing to 70% of the industry’s income and this share having increased since the COVID-19 pandemic. India currently ranks second in global on-demand streaming volume, exceeding one trillion streams in total. Despite this digital revolution, Indian copyright law has not sufficiently evolved to meet the demands and rights of all industry stakeholders, including copyright owners, intermediaries and consumers. Notable ambiguity surrounds Section 31D of the Copyright Act, 1957, particularly with respect to internet broadcasters. The 2016 DPIIT guideline attempted to clarify that internet broadcasters are covered by Section 31D, but its authority was questioned until judicial validation arrived late, with the Bombay High Court recognizing the guideline’s standing only in 2023. Attempts at legislative clarification, such as the 2019 draft Copyright Rules, failed to properly address this distinction and the 2021 Rules omitted the matter entirely. This lack of clarity affects how rightholders receive recognition and compensation in the digital music economy. Empirical evidence points to widespread misuse of statutory provisions, namely Sections 17 and 18, in ways that systematically disadvantage original creators. The following study investigates these foundational issues uniting empirical interviews, legal research and stakeholder perspectives, especially as they relate to originality and ownership under copyright regime.