MUMBAI: The long-awaited Copyright (Amendment) Act 2012 which finally saw the light of day is bound to be a game-changer and bring about development for the better in disbursement of royalties and ownership rights of creators in the radio and music industries, ENIL VP & legal head Vanditta Hedge said.
“Overall the Amendments are a boon for one and all. It’s great for the Copyright creators, owners and users. It is now left to broadcasters, creators and owners as to how we allow the implementation of these amendments. There is certainly a need to have a re-look at some of the rules that have been set as a process. However, clearly the Copyright Amendment Act is in force, and this has changed the future for each of us and will have a positive impact on how business is done in the Music world. It is now time to focus on convergence and technology rather than the woes of sheer access to music by broadcasters,” Hegde told Radioandmusic.com.
The proper structure will have to be constructed keeping in mind the music industry which includes- Bollywood, indie and regional music, radio, telecom and VAS providers, live performers and the ever present piracy. For stations like Radio Mirchi, that depend heavily on Bollywood songs, the key issue is how to maintain records for distribution of royalties.
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“Radio Mirchi has a robust system of keeping a record of the songs that are played on our channels. We use an automated system for the same. Royalties are distributed based on the 25 August 2010,Copyright Board order. The only difficulty in distribution arises when there is a dispute on ownership of the songs or the owner is un known. This is in fact a huge issue with the structure of the music industry.”
Major stations like Mirchi maintain an accurate system for their playlist across different programmes. Mirchi for one, uses an automated system and sends logs of the music label usage to the music providers as per the Copyright Board Order in force.
As a listed company, the station has to adhere strictly to legal boundaries required for audit purposes and to fulfill legal responsibility to shareholders and other stakeholders.
“Being a listed company, we have strict internal and external auditors too. Hence the computation of royalty is done in a very transparent and effective manner. I am unable to comment on what kind of tools is used by the music industry,” she said.
But with a transparent system in place, Radio Mirchi is not too worried about the implications and after effects of the Copyright Act and stations (should) welcome the Act as it removes the ambiguity and uncertainties associated with royalties, rights and claims.
“In the era prior to the amendments the Radio Industry suffered from unpredictability, uncertainties and extortionist rates.
One can now do business without the fear of having to be at a crossroad and not know where to head. Music will be available without hindrances to sheer access. Rate fixation too is as per Copyright Board, therefore the royalty regime will be more certain and reasonable. One will no longer be subject to the whims and fancies of Copyright Societies and should be able to do business in a more effective manner and make music available to the general public irrespective of its strata,” Hegde said.
The radio industry is also looking at some kind of semblance within the working of the Copyright societies. This will help in making the process of payment of royalties much simpler and quicker and to the rightful owners or creators of the music, she added.
