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Making a feature film and using old songs lyrics. Any issues?


06-Oct-2023 (In Trademark & Copyright Law)

i am making a feature film . in that i am using 3-4 old songs , of different producers. But these song would be sung by a begger on road in his own voice. and neither orignal sound track nor its any piece would be used. Is there any copyright issue which may occur in this issue?

Answers (3)

Answer #1
560 votes
Dear Concerned, Since you are not representing the said old songs in a new version separately for commercial use, there should not be a problem. You can use the same to the said limited extent. It shall however, be better, if you just notify the copyright holders of the said songs in advance.
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Advocate Avneesh Garg

Adv. Avneesh Garg

LawRato Delhi | 25+ Answers
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Answer #2
590 votes
Yes, there are always copyrights. So please talk to the producers or production houses of the songs u intend to use and take permission for it by paying the goodwill for it. Nonetheless, there can is criminal charges and claim of you for using the same.
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Advocate Shalini Kapila

Adv. Shalini Kapila

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Answer #3
517 votes
No,The singers and producers of those unlicensed versions could be jailed under the current India Copyright Act(2012), which allows even non-commercial copyright infringers to be put behind bars. The present amendments have brought about the following changes, which make it more difficult to produce cover versions: Time period after which a cover version can be made has increased from 2 years to 5 years. Payment has to be made in advance, and for a minimum of 50000 copies. This can be lowered by Copyright Board having regard to unpopular dialects. There are some more conditions.But there are some exceptions too.this cannot be discussed in detail here.
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Advocate Rishi Kulshresth

Adv. Rishi Kulshresth

LawRatoDelhi | 5+ Answers
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