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ISAMRA Indian Singers And Musicians Rights Association Claimed

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ISAMRA Indian Singers And Musicians Rights Association is the sole copyright society dedicated to administering the rights of singers as a category of performers in India. Established with the vision of empowering singers and ensuring they receive fair compensation for their contributions, ISAMRA has become an essential entity in the landscape of copyright protection for performing artists.

Understanding Performer’s Rights

Members of ISAMRA, along with its affiliated societies worldwide, are primarily singers who not only perform but also retain ownership of their performer’s rights in the songs they create and perform. The legal framework governing these rights is grounded in the Copyright Act, 1957, particularly under Section 38A, which guarantees each singer the inalienable right to receive royalties (termed as R3) for the commercial exploitation of their performances. This right cannot be assigned arbitrarily; it can only be transferred to either the legal heirs of the performer or a collecting society like ISAMRA, ensuring that the rights are protected and the singers receive their due share.

Royalty Collection and Clearance

ISAMRA’s primary role is to collect these royalties on behalf of its members. This is accomplished through the issuance of Collection Clearance Certificates (C3) to users who wish to commercially exploit or utilize the performances of ISAMRA’s singer members. Users—including event organizers, music producers, and commercial entities—are statutorily required to obtain this clearance by paying the prescribed royalties. The implications are clear: whether a user plays Indian or international songs performed by ISAMRA members, they are legally obligated to compensate ISAMRA for the use of those songs.

Historical Context and Legal Framework

The Copyright Act, 1957, was last amended in 2012, bringing significant changes aimed at protecting the interests of performers. These amendments were crucial in aligning India’s copyright laws with international commitments, particularly those outlined in Article 14 of the TRIPS Agreement and Articles 5 to 10 of the WPPT (WIPO Performances and Phonograms Treaty). The legislative reforms strengthened the rights of performers, effectively recognizing them as integral contributors to the music industry rather than mere vocal instruments.

The recognition of performers’ rights is a significant victory that stems from decades of advocacy by a dedicated group of singers and musicians. It underscores the acknowledgment that singers possess creative agency and merit remuneration for their artistry.

Scope of Performer’s Rights

Performers’ rights, as defined under the amended act, last for 50 years from the date of performance. Section 38A elaborates on the economic rights of performers, allowing them exclusive control over various aspects of their performances. These include the right to make sound and visual recordings, issue copies, and communicate their performances to the public. Additionally, they retain the right to broadcast their performances, reinforcing their authority over how their art is shared and commercialized.

Moral Rights and Assignment

In addition to economic rights, Section 38B grants moral rights to performers. This includes the right to be identified as the performer and to protect their reputation from distortion or mutilation of their work. The law stipulates, however, that minor technical edits do not infringe on this moral right, ensuring a balance between the performer’s integrity and the practical needs of media production.

While performers can assign their copyright, they cannot waive their right to receive royalties for the utilization of their performances, ensuring that they are always compensated fairly for their work. This safeguard reinforces the purpose of ISAMRA as a guardian of singers’ rights, highlighting its pivotal role in the Indian music industry.

Formation of ISAMRA

The journey towards the establishment of ISAMRA began with the collective efforts of renowned singers and musicians like Lata Mangeshkar, Usha Mangeshkar, Suresh Wadkar, and others. Founded on May 3, 2013, ISAMRA was incorporated as a Company Limited by Guarantee under the Companies Act, 1956. Following its incorporation, ISAMRA filed for registration as a copyright society under Section 33 of the Copyright Act, receiving its Certificate of Registration on June 14, 2013. This made ISAMRA the first copyright society registered post the 2012 amendments, signifying a landmark moment for singers in India.

Impact and International Relations

ISAMRA’s commitment to ensuring transparency and fairness in its operations has led to its steady growth, with significant distribution of royalties. By March 31, 2021, ISAMRA had distributed over ₹6 crores to its members. The society is also actively expanding its international presence by forging agreements with various international societies, further enhancing its capacity to advocate for singers’ rights globally.

Royalty Tariffs for Events

ISAMRA has set specific tariffs for different types of events, including concerts, programs, and social functions. For example, events without entrance fees incur a royalty of ₹5,000, while those with charges require ₹15,000. Special provisions are also in place for product launches and events that are recorded for commercial use, highlighting ISAMRA’s comprehensive approach to royalty collection and distribution.

In summary, ISAMRA stands as a beacon for singers in India, ensuring that their rights are not only recognized but actively protected and advocated for. Its establishment and operations mark a significant advancement in the recognition of the creative contributions of performers, ensuring that singers receive the royalties they rightfully deserve for their artistry. Through its transparent practices and commitment to fairness, ISAMRA is paving the way for a more equitable music industry in India, empowering singers to thrive in their craft while ensuring their voices are heard and valued.

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FAQs

Q What is ISAMRA and its purpose?

ISAMRA, or the Indian Singers And Musicians Rights Association, is the sole copyright society in India dedicated to administering the rights of singers as performers. Its primary purpose is to empower singers by ensuring they receive fair compensation for their contributions to the music industry. By advocating for performers' rights, ISAMRA plays a crucial role in protecting the interests of singers and promoting transparency in royalty distribution.

Q What rights do performers have under ISAMRA?

Performers associated with ISAMRA hold both economic and moral rights. Economic rights, as outlined in Section 38A of the Copyright Act, 1957, grant singers the exclusive right to control aspects of their performances, such as making recordings, issuing copies, and broadcasting their work. Additionally, Section 38B ensures that performers have moral rights, including the right to be identified as the performer and to protect their reputation from distortion. Importantly, singers cannot waive their right to receive royalties, ensuring fair compensation for their artistry.

Q How does ISAMRA collect and distribute royalties?

ISAMRA collects royalties on behalf of its members through the issuance of Collection Clearance Certificates (C3) to users who wish to exploit the performances commercially. This includes event organizers, music producers, and other commercial entities, who are legally required to pay the prescribed royalties. By March 31, 2021, ISAMRA had distributed over ₹6 crores to its members, demonstrating its commitment to fair royalty distribution. The society also sets specific tariffs for different events, ensuring clarity in the royalty collection process.

Q How was ISAMRA established, and what impact has it had?

ISAMRA was established on May 3, 2013, through the efforts of renowned singers and musicians, including Lata Mangeshkar and Suresh Wadkar. It was incorporated under the Companies Act, 1956, and received its Certificate of Registration as a copyright society under the Copyright Act on June 14, 2013. Since its inception, ISAMRA has significantly impacted the recognition of performers' rights in India. It has grown steadily, established international relations with other societies, and continues to advocate for singers' rights, paving the way for a more equitable music industry.

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