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A Critical Examination Of Copyright Law And Its Influence On Music Streaming Services




Atchuta Sai Gowtham, Sastra Deemed University, Thanjavur

Achanta Rama Chandra, Sastra Deemed University, Thanjavur


ABSTRACT


The rapid growth of music streaming services has transformed the Indian music industry, shifting consumption patterns from physical sales and broadcasting to on-demand digital platforms such as Spotify, Gaana, JioSaavn, and Wynk. While these services give users unprecedented access to large musical libraries, the digital revolution has created difficult challenges in copyright protection, enforcement, licensing, royalty distribution, and the preservation of artists' rights in the global online marketplace. This article addresses the ambiguity of Section 31D of the Indian Copyright Act, 1957, which pertains to statutory licensing for broadcasting and public performance, and explores the current dispute regarding its relevance to online streaming platforms. The study critically analyses whether digital platforms qualify as “broadcasting organizations” under Section 31D of the Indian Copyright Act, 1957, and the implications of such classification for rights holders, streaming platforms, and consumers. The paper further examines the existing provisions of the Copyright Act, 1957, and the challenges involved in applying copyright laws in the digital age, and efficient tactics that organizations can use to guarantee that these rights are sufficiently protected. It also explores how the courts have interpreted and applied relevant provisions of the Copyright Act, 1957, with a focus on recent cases, in reaction to copyright infringement in the Indian music business. The study concluded that India’s copyright law provides a broad framework but lacks clarity in addressing digital realities. To ensure fairness and balance, the paper recommends legislative clarification of Section 31D, reforms in licensing and royalty distribution systems, and stronger protections for creators. A reformed copyright regime is essential to safeguard the rights of authors and performers while fostering the continued growth and innovation of music streaming platforms in India’s evolving digital ecosystem.


Keywords: Copyright Law, Music Streaming Services, Section 31D, Statutory Licensing, Royalty Distribution



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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