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Song Lyrics Licensing Agreements: Key Legal Insights
In the vibrant world of music, song lyrics licensing agreements are crucial for protecting creators' rights while enabling commercial use. Whether you're a lyricist, music producer, event organizer, or broadcaster, understanding these agreements can prevent costly disputes. This post breaks down key principles from Indian court judgments, focusing on the Copyright Act, 1957, to help you navigate licensing for song lyrics.
We'll explore assignment vs. license, public performance rights, infringement cases, and practical tips. Note: This is general information based on case law, not specific legal advice. Consult a lawyer for your situation.
Assignment vs. License: Core Differences
A fundamental distinction in song lyrics licensing agreements is between assignment and license.
- Assignment transfers ownership of the copyright. As one Supreme Court judgment clarifies: Assignment involves transfer of ownership of the copyright of the work – In licence, there is no transfer, licensee is merely allowed to use the work by the author. International Confederation of Societies of Authors and Composers VS Aditya Pandey - 2016 7 Supreme 63
- License grants permission to use the work without transferring ownership. The lyricist or composer retains rights.
In a key case involving a lyricist ('X'), musician ('Y'), and sound recording company ('Z'), the court emphasized that rights of authors in literary/musical works do not extinguish the producer's rights in sound recordings. The producer retains the right to communicating his work of making song to the public. International Confederation of Societies of Authors and Composers VS Aditya Pandey - 2016 7 Supreme 63
Practical Implications
- If you assign lyrics rights, specify scope under Section 19 (e.g., duration, territory).
- Licenses are narrower—ideal for limited uses like events or broadcasts.
Public Performance Rights for Lyrics
Playing songs publicly often requires licenses from multiple parties, as lyrics (literary works) and music are distinct.
- Separate Licenses Needed: Users must often license from both sound recording owners (e.g., via PPL) and underlying lyrics/music owners (e.g., via IPRS). One case noted: exploitation of the sound recordings also implies exploitation of literary and/or musical works forming part thereof; accordingly, license fee for both... have to be paid for separately. Indian Performing Right Society Ltd. VS Entertainment Network (India) Ltd. - 2021 Supreme(Del) 35
- However, communication of underlying works as part of sound recordings may not always need separate permission if licensed from the sound recording owner. The court held: The communication to the public of underlying literary and musical works as part of sound recording, under authorization/licence from owner of the copyright in the sound recording, does not require authorization/permission from the owner of the copyright in the underlying literary and musical works. Indian Performing Right Society Ltd. VS Entertainment Network (India) Ltd. - 2021 Supreme(Del) 35
For event organizers ('A' in the lyricist case), paying the sound recording company ('Z') doesn't automatically cover public play—check lyrics rights with authors. International Confederation of Societies of Authors and Composers VS Aditya Pandey - 2016 7 Supreme 63
Copyright Societies' Role
- Societies like IPRS (for lyrics/music) and PPL (sound recordings) issue licenses.
- Non-members can't always issue individual licenses due to Section 33 restrictions. One ruling dismissed suits by non-compliant owners: Once it is found that plaintiff is statutorily barred from issuing licenses in view of Section 33, there can be no question of the defendant being mulcted with liability. Novex Communications Pvt. Ltd. , Rep. by its authorised Signatory S. Swaminathan VS DXC Technology Pvt. Ltd. , Rep. by Nachiket Suthankar, Managing Director-India, Bangalore - 2021 Supreme(Mad) 2379
Copyright Infringement and Remedies
Unauthorized use of lyrics triggers Section 51 infringement claims.
- Broadcasting Cases: A music company sued an ISP for hosting infringing content. The court protected intermediaries under IT Act safe harbor if no actual knowledge, but ordered content removal upon notice. Myspace Inc. VS Super Cassettes Industries Ltd. - 2016 Supreme(Del) 4529
- Ex-Licensee Violations: Post-termination use isn't fair dealing. Courts grant injunctions: Unauthorized exploitation of copyrighted content, previously licensed, does not qualify as fair dealing or de minimis. Shemaroo Entertainment Limited VS News Nation Network Private Limited - 2022 Supreme(Bom) 1296
Defenses That Often Fail
- Fair Dealing (Section 52): Limited to criticism/review, not commercial enhancement. Super Cassettes Industries Ltd. VS Shreya Broadcasting Pvt. Ltd. - 2019 Supreme(Del) 1149
- De Minimis: Applies only to trifling use; substantial copying fails. Saregama India Ltd. VS Viacom 18 Motion Pictures - 2013 Supreme(Cal) 116
In a TV broadcast suit, the court awarded Rs. 21 lakhs in damages for unlicensed airing, rejecting fair use claims. Super Cassettes Industries Ltd. VS Shreya Broadcasting Pvt. Ltd. - 2019 Supreme(Del) 1149
Ownership in Films and Sound Recordings
Lyrics in films create layered rights:
- Producer as First Owner: For cinematograph films, producers own sound recordings and lyrics unless agreed otherwise. Music composers can't assign lyrics rights they don't own. SAREGAMA INDIA LIMITED Vs VELS FILM INTERNATIONAL LIMITED & ORS. - 2025 Supreme(Online)(DEL) 147
- Distinct Rights: Copyright subsists distinctly in relation to each of the classes of work. Lyrics (literary) differ from music (musical) and recordings. Super Cassettes Industries Pvt. Ltd. VS Trimurti Films Pvt. Ltd. - 2017 Supreme(Bom) 2409
A Deewar song dispute confirmed: Transfer of sound recording rights doesn't cover underlying lyrics/music without explicit assignment. TRIMURTI FILMS PVT. LTD. VS SUPER CASSETTES INDUSTRIES PVT. LTD. - 2017 Supreme(Bom) 2610
Licensing for Broadcasters and Events
- Statutory Licenses (Section 31D): Broadcasters must comply with royalty schemes, but can't bypass notices. Super Cassettes Industries Pvt. Ltd. VS Music Broadcast Limited - 2021 Supreme(Del) 656
- Territorial Clauses: Agreements specifying jurisdiction (e.g., Kolkata courts) bind parties. Saregama India Limited VS Eros Digital FZ LLC - 2017 Supreme(Del) 3480
- Telecom/Digital: Need licenses for ringtones/streaming; one court ordered Rs. 2.5 crore deposit. Indian Performing Right Society Ltd. VS Vodafone Idea Ltd. - 2018 Supreme(Cal) 602
Arbitration note: Copyright title disputes are in rem, non-arbitrable—must go to court. Indian Performing Right Society Ltd. VS Entertainment Network (India) Ltd. - 2016 Supreme(Bom) 1127
Key Takeaways for Song Lyrics Licensing Agreements
- Draft Clearly: Specify rights (perform, communicate, synchronize), duration, and exclusivity.
- Multi-Party Checks: License sound recordings and underlying lyrics/music.
- Societies Simplify: Use IPRS/PPL for public performance.
- Monitor Use: Post-license termination, halt exploitation to avoid injunctions/damages.
- Interim Relief: Courts balance convenience but favor prima facie owners. International Confederation of Societies of Authors and Composers VS Aditya Pandey - 2016 7 Supreme 63 Myspace Inc. VS Super Cassettes Industries Ltd. - 2016 Supreme(Del) 4529
| Aspect | Assignment | License |
|--------|------------|---------|
| Ownership Transfer | Yes | No |
| Scope | Full/Partial | Limited Use |
| Section | 19 | 30 | International Confederation of Societies of Authors and Composers VS Aditya Pandey - 2016 7 Supreme 63
Conclusion
Song lyrics licensing agreements demand precision to avoid pitfalls like dual licensing needs or infringement suits. Cases show courts protect layered rights in lyrics, music, and recordings while promoting fair use sparingly. Indian Performing Right Society Ltd. VS Entertainment Network (India) Ltd. - 2021 Supreme(Del) 35 International Confederation of Societies of Authors and Composers VS Aditya Pandey - 2016 7 Supreme 63
Stay compliant: Review agreements, join societies if issuing licenses, and seek permissions early. For tailored advice, consult an IP lawyer. This overview draws from precedents to empower your music ventures legally.
Disclaimer: Legal outcomes vary by facts. This post educates generally, not as advice.
Search Results for "Song Lyrics Licensing Agreements: Key Legal Insights"
2016 7 Supreme 63 • India - Supreme Court
PRAFULLA C.PANT, RANJAN GOGOI
– He cannot be deprived of his right of communicating his work of making song to the public. ... ownership of the copyright of the work – In licence, there is no transfer, licensee is merely allowed to use the work by the author ... ">Issue involved in the present appeals is that where lyric written by ‘X’ (lyricist) and ... Aspects of Intellec....
2016 0 Supreme(Del) 4529 • India - Delhi
S.RAVINDRA BHAT, DEEPA SHARMA
The Court directed the respondent to provide an updated catalogue of “specific” works in which it holds copyright along with the ... The Court also directed the appellant to remove/ block access to such content, in accordance with Rule 3(4) of the Intermediary Guidelines ... Fact of the Case: The respondent, a music company, filed a suit against the appellant, an internet service provider ... SCIL also enters into ....
2010 0 Supreme(Cal) 1219 • India - Calcutta
KANCHAN CHAKRABORTY, KALYAN JYOTI SENGUPTA
Nadiadwala according to the terms of the said agreement of 11th February 2010 synchronized the music and lyrics of few lines of the ... Lastly in view of above findings, we hold that Seregama has lawful right under the said agreement to grant license to use the said ... copyright i....
2012 0 Supreme(Del) 3337 • India - Delhi
VALMIKI J MEHTA
from the original copyright works being the musical notes and lyrics. ... The BCCI reaffirms its rights and those of the plaintiff in terms of the agreement dated 10.8.2012. ... (ii) Once a combination of the aforesaid three works being the lyrics, music and the performer's works together
2017 0 Supreme(Cal) 841 • India - Calcutta
SOUMEN SEN
The petitioner asserts that the musical works and lyrics and all other rights of the said songs both physical, non-physical and otherwise ... in the music and lyrics. ... to use or exploit its rights in relation to the works forming part of the agreement.
2021 0 Supreme(Del) 35 • India - Delhi
RAJIV SAHAI ENDLAW
Act, lyric writers and music composers create works which are recognized as literary and musical works in Sections 2(o) and 2(p) ... for separately by the users thereof, to each of the Societies; that consequently, entering into a license agreement with either ... license agreement with the other Society; that the defendant is engaged in the business of broadcasting and is commonly known by ... i.e. lyrics and musical#HL_E....
2017 0 Supreme(Del) 3480 • India - Delhi
S.P.GARG
Finding of the Court: The court found that the License Agreement specified the jurisdiction of the courts at Kolkata ... Issues: Territorial jurisdiction, Copyright infringement, Validity of License AgreementRatio Decidendi: The court held ... , and as per the agreement, only the courts at Kolkata had jurisdiction. ... The plaintiff is also the owner of copyright in the musical works (musical compositions) as well as the literary works#HL_E....
2022 0 Supreme(Bom) 1296 • India - Bombay
N.J.JAMADAR
agreement. ... Issues: Copyright infringement, fair dealing, de minimis non curat lex, breach of license agreement, damagesRatio Decidendi ... film content house, sued the defendant, a news agency, for unauthorized broadcast of copyrighted content after termination of a license ... whilst premature termination of the license agreement. ... Likewise, the recitation of few lyrics of the copyrighted work by singer Vasundhara Das was for the purpose of encapsulating the .....
2021 0 Supreme(Del) 656 • India - Delhi
JAYANT NATH
works/lyrics - Grievance of plaintiff is that while monitoring the broadcasts on the defendant's FM Radio station, the plaintiff's ... representatives discovered that sound recordings and the underlying musical and literary works embodied therein forming part of ... acquiring cinematograph films, audio-visual songs, sound recordings including the underlying musical works/compositions and literary ... works/compositions and literary works/ly....
2018 0 Supreme(Cal) 602 • India - Calcutta
SOUMEN SEN
Issues: The issues involved the nature of agreements, licensing arrangements, and the rights of the copyright society in relation ... , licensing arrangements, and the rights of the copyright society in relation to the exploitation of musical works and sound recordings ... Interlocutory Application - Copyright Act, 1957, Section 2(p), 2(y), 13, 14(3), 14(e), 18, 19 - The court discussed the nature of agreements ... works and literary works (i.e. #HL_....
2013 0 Supreme(Cal) 116 • India - Calcutta
I.P.MUKERJI
In my opinion, the copyright in the song in question is composite. It is copyright in the lyrics and in the music, combined. It can also be copyright in the lyrics as a whole or copyright in the music as a whole. ... It is to be presumed now, in the absence of contrary evidence, that the first owner of the copyright in the lyrics and in the music of the song is the plaintiff. ... 6. ... Thus the lyrics of the song in the film "Mere Sapno Ki Rani" were also part of the....
2023 0 Supreme(Del) 5990 • India - Delhi
PRATHIBA M. SINGH
The Plaintiff further seeks a decree of declaration that Defendant No. 3 has no rights to the song/sound recording `JALSA' and the underlying works including the lyrics and musical works.19. ... The chronology of events that has resulted in the present suit is as follows: The Artist authored, wrote the lyrics and recorded the sound recording titled `JALSA'. The said song/sound recording was first performed in the year 2014. ... The Court would have to consider the agreements placed on record by both set....
2017 0 Supreme(Cal) 841 • India - Calcutta
SOUMEN SEN
It is submitted that scrutiny of the three types of purported assigned agreements of the petitioner would clearly show that no right has been assigned in favour of the petitioner over the said cinematographic films or sound recording or musical works or lyrics or any other right of the said song both ... The core issue is whether there has been assignment of the copyright of the song "Apni to Jese Tese" in the film Laawaris in favour of Saregama. ... The petitioner asserts that the musical works and lyrics#HL_E....
• India - Delhi High Court
> score, lyrics or any other component in the suit song of the suit film. ... It is stated that the plaintiff has not granted any rights or license to the defendants to utilize the lyrics of the original suit song. ... The plaintiff also noticed that the YouTube website contains the trailer of the suit film which features a song which utilizes the lyrics from the original suit song. 8. ... Upon noticing the fact that the defendants proposed to incorporate the su....
2021 0 Supreme(Del) 35 • India - Delhi
RAJIV SAHAI ENDLAW
inter alia consists of literary work i.e. the lyrics of a song, musical work i.e. music composition of the song and sound recording i.e. simultaneous integration of the differentiated, to produce an integrated whole; the integrated whole i.e. the sound recording, when broadcast to the public is an exercise ... The defendants are according restrained from communicating any of such work to the public, or performing them, in the public, without such appropriate authorisation or licensing pending adjudication of the suit”.11....
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