Section 18, Section 19 and the 2012 Amendment rewrote who owns a song in India. Here is how copyright, performers' rights and royalty mandates actually work today.
Indian music is unusual in IP terms. A single song carries at least three layers of copyright — the literary work (the lyrics), the musical work (the composition), and the sound recording. Each layer can be owned and licensed separately. On top of that sit performers' rights under Section 38, broadcasting rights under Section 37, and the statutory royalty share for authors and composers introduced by the 2012 Amendment to the Copyright Act. The doctrine is detailed; the commercial stakes are large; and most independent Indian artists, labels and OTT licensees do not have the right paperwork on file.
This guide is for music labels, artists, composers, lyricists, music supervisors and OTT platforms operating in India. The IP structure decides who collects royalties, who can license a song to a film or an ad, and who can take down an unauthorised use.
Three filings cover most of the IP risk on day one. Each is a standalone service and each links to a deeper walkthrough.
Section 13 of the Copyright Act, 1957 recognises distinct copyrights in: a literary work (the lyrics), a musical work (the composition — the melody and the underlying notation), and a sound recording (the recorded performance). Each is a separate right and each can be assigned separately.
Default ownership: the author of the lyrics owns the literary copyright, the composer owns the musical copyright, and the producer of the recording owns the sound-recording copyright. When a label commissions a song, the contract usually assigns the literary and musical copyrights to the label and treats the sound recording as a work made under contract of service — owned by the label by default.
Section 18 permits the owner of a copyright to assign it, in whole or in part, for the whole term of copyright or any shorter period. The assignment must be in writing, must be signed by the assignor, and must specify the work, the duration, the territory, the rights assigned, the consideration, and the right of revision.
Section 19 sets out additional requirements. If the assignment does not specify the period, it is deemed to be for five years. If it does not specify the territory, it is deemed to extend within India only. If the consideration is not in writing, the assignment is invalid. Section 19(3) makes royalty payments part of the assignment terms.
Indie artists in India routinely sign "perpetual, worldwide, exclusive" assignments via email or template DocuSign without negotiating royalty terms in writing. Section 19 reads such assignments strictly. Royalty arrangements that are not in writing are not part of the assignment, and disputes over them years later rarely end well for the artist.
The 2012 Amendment to the Copyright Act added the most important protection for Indian songwriters and composers in decades. The new proviso to Section 18(1) and the new Section 19(9) and 19(10) collectively state:
In practical terms: when a film song or a non-film recording is used as a ringtone, an OTT background track, a synch in an ad, a stage performance or any other utilisation outside the original film/recording, the lyricist and composer are statutorily entitled to a share of royalties — even if the label or producer holds the copyright. This royalty share cannot be contracted away. It can be collected only through the appropriate copyright society.
Three societies operate in Indian music:
For a label or artist, registration with the right society at the right tier — author/composer member of IPRS, owner-member of PPL, registered performer with ISRA — is the mechanism through which the statutory royalty actually arrives. Without registration, the royalty file is built but uncollected.
Section 38 of the Copyright Act gives every performer — singer, musician, dancer, actor — a right to be paid for their performance. Section 38A details the exclusive rights: making a recording, broadcasting, reproducing the recording. Performers' rights last for 50 years from the year of the performance.
For independent artists in India, registering performances with ISRA and capturing performance metadata at every studio session is the operational layer that makes performers'-rights collection real. The right exists by statute; the documentation determines whether it is enforceable.
Indian OTT platforms — Spotify, JioSaavn, Apple Music, Wynk, YouTube Music — license sound recordings from labels via direct deals and from authors/composers via IPRS. Synch licensing for film and advertising goes through the rights holders directly. The clearance stack for a single song on a major OTT campaign typically involves: a master-use licence from the label, an IPRS clearance for the author and composer, a separate negotiated synch licence if used in an ad, and an ISRA acknowledgement for performer royalties.
Mis-clearance is the source of most music IP litigation in India. The takedown route — under Section 52(1)(c) read with the Intermediary Rules — is available for unauthorised uploads, but the legitimate-business route is correct clearance up front.
Releasing music, signing a label deal, or clearing a synch? Read the assignment carefully — Section 19 will read it strictly later. Send us the agreement first.
WhatsApp our team →Default rule: the author of the lyrics owns the literary copyright, the composer owns the musical copyright, the producer owns the sound-recording copyright. Most label contracts assign the literary and musical copyrights to the label under Sections 18 & 19. The 2012 Amendment preserves a statutory royalty share for authors and composers even after assignment.
No — not for utilisations outside the cinematograph film or sound recording the work appears in. Under the 2012 Amendment, the right to receive royalties for OTT plays, ringtones, public performances and other downstream uses cannot be assigned or waived, except to a legal heir or a copyright society.
IPRS (Indian Performing Right Society) collects royalties for authors and composers when their literary or musical works are publicly performed, broadcast or used on OTT. Registration is the mechanism that turns the statutory royalty right into actual collection. Without it the right exists but is not collected.
50 years from the year following the year of the performance, under Section 38 of the Copyright Act. The rights include the exclusive right to record, broadcast and reproduce the performance, and the statutory right to receive royalties for downstream uses.