With audiences now enjoying instant access to music catalogues from around the world, allegations of cross-border plagiarism have become increasingly common. Composer Pritam found himself at the centre of one such recent debate after a song from Cocktail 2, scheduled for release this week, drew online comparisons with an Italian track.
Entertainment industry experts say such disputes are becoming more visible in the streaming era, but resolving them remains far from straightforward.
Copyright protection is territorial in nature, there is no single global enforcement mechanism, and rights holders may be forced to pursue remedies in multiple jurisdictions depending on where a work is commercially exploited.
Streaming scrutiny
“Cross-border allegations of music plagiarism have become increasingly common in the digital era. Streaming platforms, social media, and user-generated content enable audiences to instantly compare songs from different jurisdictions, often bringing similarities to public attention before any formal legal action is initiated,” said Ankur Sangal, partner at Khaitan & Co.
Indian composers and musicians have, over the years, both faced allegations of copying foreign works and, conversely, asserted rights against unauthorized use of their own creations, Sangal added.
The phenomenon is not new.
Earlier, international producer KMKZ publicly accused Indian label T-Series and composing duo Sachet-Parampara of ripping off his beats for the hit track Raanjhan from Netflix's Do Patti.
“There have also been instances of music from India being copied by international artists and none more famous than Bappi Lahiri accusing Truth Hurts and Dr. Dre of sampling his music and using it in the song Addictive without obtaining a license or consent. The situation was eventually settled out of court, like a lot of other such cases with Bappi Lahiri getting full songwriting credits,” Shoubhik Dasgupta, partner, Pioneer Legal pointed out.
Legal remedies
To be sure, rights holders have several legal options when they believe their work has been copied.
These include injunctions, claims for damages and other civil remedies, apart from invoking notice-and-takedown mechanisms available on streaming platforms and digital intermediaries.
Dikshit Mehra, associate partner, Rajani Associates, pointed out that while online platforms generally provide takedown mechanisms, securing a permanent removal is not always easy.
While online platforms generally have notice and takedown mechanisms, obtaining a permanent takedown is not always straightforward, particularly where ownership or substantial similarity is disputed. Cross-border cases present additional challenges, including jurisdictional issues, differences in national copyright laws, enforcement of foreign orders, and the need to prove access and copying. As a result, many disputes are resolved through licensing arrangements, settlements, or credit-sharing agreements rather than prolonged litigation, Mehra added.
Jurisdiction hurdles
One of the biggest challenges in international copyright disputes is determining where a case should be fought and which laws should apply.
“International music disputes are particularly challenging because copyright protection is territorial in nature and there is no single global mechanism for enforcement. Where a work originating in one country is alleged to have been copied in another, questions relating to jurisdiction, applicable law and the forum in which proceedings should be initiated become important considerations,” said Sonam Chandwani, managing partner, KS Legal & Associates.
Rights holders may be required to pursue remedies in multiple jurisdictions depending upon where the work is exploited commercially.
Differences in evidentiary standards, procedural requirements and available defences further add to the complexity, Chandwani pointed out.
Therefore, although technology has made detection easier, enforcing rights across borders continues to be expensive, time consuming and procedurally demanding.
Cross-border music disputes can become complicated very quickly because copyright laws differ from country to country, agreed Aishwarya Kaushiq, partner at BTG Advaya.
“A song may be protected in one country, but not in another as the rules on ownership, infringement and enforcement are not always the same everywhere. In many cases, even identifying the correct rights holder across different labels, publishers and countries can itself become a major issue,” Kaushiq added.