Mumbai: India’s music industry, a vibrant blend of tradition and modernity, is evolving rapidly with over 20,000 original songs created annually by around 40,000 artists. As global digital platforms like YouTube and Spotify reshape how music is consumed, protecting the rights of these creators has become more crucial than ever.
The Indian Performing Right Society (IPRS) is at the forefront of this transformation, navigating the challenges of digital distribution and global IP standards to ensure that Indian artists are fairly compensated and their work respected worldwide. As the industry adapts to these shifts, IPRS’s proactive measures highlight its commitment to safeguarding creators' rights in a changing digital landscape.
Indiantelevision.com's Arth Chakraborty in conversation with IPRS CEO Rakesh Nigam delved deeper into how the organisation is tackling the evolving challenges of digital rights management and working to enhance protection for Indian music creators.
Edited Excerpts:
On the rise of global digital platforms impacting the protection of music creators' rights in India
The rise of global digital platforms has been both an opportunity and a challenge for music creators in India. On one hand, these platforms, including YouTube, Meta, Spotify, Apple etc, have provided unprecedented reach for our artists, allowing them to connect with global audiences. Our partnerships with these major digital service providers (DSPs) and OTT platforms have been transformative for IPRS and its members. They have not only increased royalty income but also provided significant global exposure to Indian music creators.
However, the digital environment presents challenges, particularly regarding the value gap, the disparity between the value these platforms derive from music content and the revenue returned to the creators and publishers. A significant number of users access music for free on these platforms, resulting in substantial losses for creators and publishers who are not adequately compensated for their work.
IPRS has been proactive in adapting to these changes, ensuring that our licensing models and royalty collection methods are aligned with the evolving digital landscape. We anticipate deepening our partnerships, with more tailored licensing agreements that reflect this evolution. New opportunities include increased monetisation options, access to detailed consumption data, and potential collaborations with international artists and creators. Through these initiatives, we are continuously working to protect our creators' rights and ensure they are fairly compensated in this new digital landscape, while also enforcing their rights on a global scale.
On the role that IPRS plays in aligning India with global IP standards
We actively participate in international forums, collaborate with global copyright societies, and ensure that our practices are in sync with international norms. By doing so, we help bridge the gap between India’s traditional IP framework and the evolving global standards. Our initiatives, like the ‘My Music, My Rights’ campaign, are designed to raise awareness among creators about their rights and how to protect them.
Additionally, our collaboration with neighbouring countries, such as Bangladesh through the WIPO Mentorship Programme, underscores our commitment to fostering a robust IP framework across the region. Our efforts are focused on not only protecting the rights of Indian creators but also ensuring that their works are respected and rewarded globally.
On some challenges unique to India in managing IP rights in the music industry
One of the unique challenges in India is the vast diversity of our music landscape, which includes a rich array of regional music and a large number of independent artists. This diversity complicates the implementation of a one-size-fits-all approach to IP rights management. Additionally, there is a widespread lack of awareness about the importance of IP rights among many creators, particularly in rural areas, making it difficult for them to protect and monetise their work effectively.
Another significant challenge is the value gap, the disparity between the value derived by digital platforms from music content and the revenue that actually reaches the creators and publishers. This issue is particularly pronounced in India, where a substantial number of users access music for free through these platforms. As a result, creators and publishers face considerable financial losses, as they are not adequately compensated for their contributions.
Piracy also remains a persistent problem in India, further exacerbating the difficulties in ensuring that creators receive fair remuneration for their work. Despite the progress we've made, the unauthorised distribution of music continues to undermine the value of IP rights.
On the steps that IPRS is taking to educate emerging artists and creators about the importance of IP rights
IPRS is a not-for-profit society, owned by its members, working to ensure they are fairly remunerated whenever their songs/music are utilised. This is the bottom line. Established in 1969, IPRS was built on the solid values of solidarity, resilience, equality, and transparency. We have launched several initiatives, awareness drives, seminars, workshops, round-the-year training sessions, tutorials, grants, and aids, as well as programs like ‘Credit The Creator’ – to acknowledge the creators of music publicly; music licensing drive Licence Liya Kya for fair pay and fair play of music; HerMusic, an initiative to encourage greater representation of women in music; multi-city member workshops ‘Learn and Earn’; CreativeShala, a platform to learn and engage with leading music-makers from the industry, and more. ‘My Music, My Right’ a nationwide workshop to raise awareness on music copyrights and providing support to music creators across the nation.
We have been very active in speaking to members and listening to them. IPRS has been their voice on various platforms and in multiple institutions. We also launched a ready-to-access and technologically advanced member portal where members can now easily spot discrepancies or conflicts and can be in complete control of their work. Several result-oriented training programs and tutorials to familiarise our members with the registration of their works have also been designed during the period. Timely and accurate registration of works ensures better claims and royalties.
On the lessons that India’s music industry has learned from global shifts in IP management
One of the key lessons we've learned is the importance of adaptability. The global music industry has undergone significant shifts with the advent of digital platforms, and IP management practices have had to evolve accordingly. We've learned that it's essential to be proactive in adopting new technologies and practices to ensure that our creators' rights are protected in a rapidly changing environment. We've also seen the importance of collaboration, both within the industry and across borders, to address the challenges of IP management effectively.
On the biggest misconceptions about IP rights in India’s music industry, and how is IPRS working to dispel them
A common misconception is that IP rights are only relevant to big, established artists. In reality, IP rights are crucial for creators at every level. Many believe that copyright enforcement is weak or that it's not worth the effort, which leads to complacency. IPRS is working hard to dispel these myths through our outreach and education programs. We're showing creators that their rights are valuable and that they have the power to protect and profit from their work, regardless of their status in the industry.
On IPRS supporting innovation while ensuring the protection of creators' rights
Innovation and protection go hand in hand at IPRS. We encourage creativity by ensuring that our licensing models are flexible and adaptable to new forms of music distribution and consumption. At the same time, we are vigilant in protecting the rights of our members. We invest in technology that allows us to track the usage of music across various platforms, ensuring that creators are fairly compensated for their work. By balancing innovation with protection, we create an environment where creativity can thrive.
On the key areas where India’s IP framework still needs to evolve to match global standards
While India has made significant strides in IP protection, there are still areas that need to evolve. We need support from relevant authorities and the government for proper enforcement of the law. There should be high penalties and strong repercussions for non-compliance to ensure that the law which has been made to protect is rights of the rightful owners has been adhered to.
One key area is the enforcement of IP rights, where we need stronger legal frameworks and quicker resolution of disputes.
Additionally, there needs to be greater awareness and understanding of IP rights at the grassroots level. Another area is the need for more robust data collection and reporting mechanisms to ensure transparency in royalty distributions. IPRS is committed to working with policymakers and industry stakeholders to address these gaps and bring India’s IP framework in line with global standards.
