Description

Disclaimer: Copyright infringement not intended.

Context:

During the recent Margazhi season or music season in Chennai, rasikas (connoisseurs) hopped from concert to concert.

About Carnatic Music

Carnatic music, an ancient and worshiped form of Indian classical music has long existed outside the strict boundaries of copyright. This exclusion is caused by both historical factors and the unique nature of Carnatic Music which emphasizes improvisation and oral tradition.

However, as Margazhi's recent music season in Chennai has proved, copyright concerns are increasingly important. The current legal framework does not bother the artist and raises urgent questions about whether the law should evolve to reflect the reality of Indian classical music.

Key Elements in Carnatic Music

Key Element	Description	Role in Carnatic Music
Raga	A melodic structure is made up of a set of notes (swara) arranged in a specific sequence.	Evokes particular moods or emotions, providing the emotional foundation of the music.
Tala	The rhythmic element that defines the time cycle and the number of beats in a musical piece.	Contributes to the structure and timing of the music, giving rhythm and flow.
Swara	The individual notes that form the foundation of the music.	Creates melodic and rhythmic patterns that form the basis of Carnatic compositions.

Instruments Used in Carnatic Music

Instrument	Description
Veena	A plucked string instrument known for its rich, resonant sound.
Mridangam	A two-sided drum that is central to rhythm in Carnatic music.
Flute (Bansuri)	Provides a melodic, airy quality.
Violin	Adapted to Carnatic music, providing harmonic and melodic support.

Famous Composers of Carnatic Music

Composer	Notable Contributions
Tyagaraja	Known for his devotional compositions primarily in Telugu centered around Lord Rama.
Muthuswami Dikshitar	Famous for his sophisticated works incorporating Sanskrit and Tamil lyrics, adding depth to spiritual expressions.
Shyama Shastri	Recognized for his emotional compositions, often expressing deep devotion and intricate musical structures.

Legal Aspect of Music

Aspect	Description
Case Reference	Indian Performing Right Society Ltd. v. Eastern Indian Motion Pictures Association (1977)
Legal Question	Whether music includes the soulful tune and rendering.
Legislative Oversight	The Indian Copyright Act, 1914 did not account for the specifics of Indian music.
Impact of the 1957 Legislation	The 1957 Copyright Act continued the colonial perspective failing to address Indian music forms in a comprehensive way.
Global Perspective	Globally copyright law views music primarily as a melody influenced by Western classical understanding.

Challenges of Implementation of Copyright Law in Carnatic Music and Protection and rights in music

Composer and lyricist law: protection for life plus 60 years.
Mechanical Law: For 60 years, granted to those who record the song.
Artist's right: Allows artists to prevent unauthorized records and require license fees.
Despite rights, artists often cannot effectively enforce them in concert areas.
On the other hand, Carnatic Music does not work in the same way, while the written record exists, it only serves as a skeletal framework for composition.
The essence of Carnatian music lies in its improvisation aspects, Manodharma SangeeTam, which includes Raga Alapan (melodic improvisation), Neval (improvised phrase), and Kalpana Swarias (spontaneous music sequence).
Given that these elements are not in writing, they do not fit neatly in the legal definition of "music work" according to copyright. This raises the basic question: Should the copyright law define music based on Western understanding, or should it evolve to suit the neuters of traditions such as Karnatic music?

A public domain and improvisation

Most carnatic songs are in the public domain, with the exception of copyright.
Musicians often perform with unique improvisations that raise questions about the rights to these increments.
Improvisation lacks protection under the Copyright Act.

Way forward:

Aspect	Proposed Action
Recognition of Improvisation as IP	Laws should grant limited rights to musicians for their unique contributions in improvisations and original variations during performances.
Stronger Rights of Artists	Existing laws on artists should be enforced allowing musicians to control and monetize concert recordings.
Unauthorized Recording on Streaming Platforms	Unauthorized recording on streaming platforms should face stricter sanctions to protect artist rights.
Fair Distribution of License Fees	Streaming services and concert sites should be required to compensate artists fairly for their work.
Strengthening Flow of License Fees	Digital platforms should ensure that license fees are distributed fairly to musicians, ensuring that they benefit from their work.

Conclusion:

To deal with developing challenges, various cultural institutions and legal authorities work to create a framework that supports the rights of artists and maintains classical traditions.

It seeks to modernize the laws on copyright and at the same time respect the cultural ethos of Carnatian music. The tension between copyright and the tradition of carnatics will continue to develop. It is necessary to achieve a balance that allows the protection of intellectual property and at the same time protects the free collective spirit of this timeless art form.

Source:

The Hindu

PRACTICE QUESTION

Q. Discuss the evolution and cultural significance of Carnatic music in India. How has it contributed to the preservation and promotion of classical music traditions in the southern states? (150 words)