Piracy is the illegal duplication of copyrighted material that is then sold in the "grey" market for little money. Over time, as technology has gotten more widely available, piracy has only become a bigger issue.
Music has always stirred up a range of emotions within its listeners. It is the focus of continuous discussions over the types of feelings and sociopolitical reactions it is able to elicit. This debate exemplifies the variety of academic disciplines that investigate both the creation of music in all of its manifestations and variations, and how listeners respond to it.
The music industry in Bangladesh faces one of the greatest challenges against music piracy. Songs are pirated in many ways nowadays like by using AI, Youtube, and many other digital platforms.
Unauthorized duplication of music cassettes that saturates the market immediately after the release of a new album is also referred to as music piracy. The flood of illegal CDs and cassettes has a significant negative impact on the revenues of music firms because they can be purchased at a fraction of the cost.
Though the music industry has been actively trying to stop the rot, they simply can’t protect music against such abundant piracy. Still, in order to protect against piracy, numerous laws have been passed in Bangladesh.
The Copyright Act 2000 and Copyright Rules 2006 in Bangladesh provide legal protection for musical work. A musician's copyright is seen as being just as valuable as an author's right in legalese. Section 2(24)(b) of the Copyright Act 2000 states that the composer is considered an "author" for the purposes of copyright law when referring to musical works.
Unfortunately there is no definition of a "cover song" found in the Copyright Act 2000. The phrase "cover song" actually refers to a fresh performance of an old song by a different group of musicians or performers. "Version recording" is the legal term for "cover song" in this context.
A version recording is a sound recording created utilizing a different voice or voices, as well as other musicians and arrangements, of a song that was previously released. Version recording, however, is neither a copy nor an exact replica of the original recording.
It can be explained as the process where a new band of musicians with a singer make their performances based on the existing musical work and the lyrics, creating a new sound recording after the first sound recording is made and permission is obtained from the authors of the original version. A version recording, often known as a cover version, is this second audio recording.
According to Section 2(35) of the Copyright Act 2000, a "sound recording" is defined as "a recording of a sound from which such sounds may be produced without regard to the medium on which such recording is made or the method by which the sounds are produced."
It is possible to argue that version recordings are new recordings made with a new group of musicians and that they were made in accordance with the guidelines outlined in the Copyright Act 2000.
Furthermore, A singer of a commercially recorded song is granted "Performer's Rights" under Section 35 of the Copyright Act 2000 for a period of 50 years commencing “from the beginning of the calendar year next following the year in which the work is first performed.”
Without the performer's permission, the performance or "a substantial part thereof" cannot be duplicated, broadcast, or distributed during this time. If their performances are used commercially, singers are entitled to obtain license fees.
For live performances, there is only one caveat. According to section 72(27) of the Copyright Act 2000, neither the performing artist nor the host of the social event will be infringing upon or violating anybody else's copyright if a live performance of a well-known or classic song is done at social gatherings like weddings.
In conclusion, strong copyright rules are necessary to safeguard the rights of creators and artists in order to guarantee that they are fairly compensated for their work. These rights are violated by music piracy, which also threatens the musicians' livelihoods.
To minimize unexpected repercussions, it's vital to establish a balance between stringent regulations and open access to music. The government needs to create specific laws for music piracy and publish it publicly so that people of Bangladesh from every corner have knowledge about music piracy and its negative effects.
A lawyer might argue that changes to the current law are of utmost importance. The law alone won't be enough to safeguard the artists until it is put into practise. The problems with copyright protection can only be solved by combining the law's effective revisions with its practical application.
Maisha Fahmida is a student at North-South University in the Department of Law.
