Who Really Owns the Music After a Singer's Death?

In Assam, Vishal Kalita's extensive collection of music cassettes has transformed his home into a private museum dedicated to preserving the legacy of Zubeen Garg, a beloved singer who recently passed away. Kalita has amassed thousands of rare tapes and CDs over the last decade, which he now hopes to digitise and share with the world, despite the complexities surrounding music ownership in India. This situation reflects broader challenges in the music industry, including copyright issues and the need for clearer ownership structures.

Last updated: 15 October 2023 (BST)

What’s happening now

Vishal Kalita's collection opened to the public last month and is drawing visitors eager to explore Zubeen Garg's music, especially following his recent death. With around 38,000 songs in his archive, many of which are not available elsewhere, Kalita aims to revive Garg's music by making it accessible online. However, he faces significant hurdles due to the fragmented nature of music rights in India, making it unclear how to legally share Garg's works. This situation highlights the ongoing struggle for artists and their families to navigate the complexities of music ownership and royalties in the digital age.

Key takeaways

Vishal Kalita has amassed a unique collection of music cassettes and CDs, including rare Zubeen Garg tracks.
Garg's passing has intensified interest in his music, but copyright issues complicate access to his works.
The landscape of music ownership in India is complex, with rights often scattered among producers and distributors.

Timeline: how we got here

The journey of Vishal Kalita's collection and the issues surrounding Zubeen Garg's music can be traced through several key events:

1980: Legendary singer KJ Yesudas establishes his own label to control his music.
1990s-2000s: Garg becomes a prominent figure in Indian music, with many songs recorded under various producers.
16 September 2023: Zubeen Garg visits Kalita's residence shortly before his death, expressing nostalgia over his music.
September 2023: Garg passes away in Singapore, prompting renewed interest in his discography.
October 2023: Kalita opens his collection to the public, seeking to digitise Garg's works and share them online.

What’s new vs what’s known

New today/this week

Kalita's recent initiatives to digitise and preserve Garg's music come at a crucial time after the artist's death. His efforts reflect a growing movement among fans and friends to ensure accessibility to Garg's work, despite the legal and logistical challenges they face regarding copyright ownership.

What was already established

The complexities of music ownership in India have been long-standing, with many artists struggling to retain rights to their works. The Copyright Act of 1957 governs these issues, but many songs remain in limbo due to unclear ownership. This situation is not unique to Garg; it is part of a broader trend affecting numerous artists in India.

Impact for the UK

Consumers and households

The situation surrounding Zubeen Garg's music ownership can resonate with UK audiences, particularly those interested in the preservation of musical heritage. As music consumption increasingly shifts to digital platforms, understanding the implications of copyright and ownership becomes essential for fans and consumers alike.

Businesses and jobs

For businesses involved in music distribution and streaming, the complexities of copyright ownership pose challenges. Companies must navigate a web of rights holders to ensure compliance and fair compensation, impacting their operations and potentially altering business models in the music industry.

Policy and regulation

The case of Zubeen Garg highlights a pressing need for policy reform in music ownership and copyright laws, not just in India but globally. As streaming services continue to grow, regulators may need to step in to create clearer frameworks that protect artists' rights while fostering innovation in music distribution.

Numbers that matter

38,000: The estimated number of songs in Vishal Kalita's collection, showcasing the breadth of Garg's discography.
1,033: The number of songs by Zubeen Garg registered with the Indian Performing Right Society (IPRS).
60 years: The period during which Garg's songs, once registered, will remain protected posthumously under Indian copyright law.

Definitions and jargon buster

Copyright Act, 1957: The primary legislation governing copyright law in India, determining ownership rights for creative works.
IPRS: Indian Performing Right Society, the organisation responsible for collecting and distributing music royalties in India.
Sound recording: Refers to the actual audio recording of a song, which has separate copyright protections from the musical composition and lyrics.

How to think about the next steps

Near term (0–4 weeks)

In the immediate future, Kalita’s efforts to digitise Garg's music will rely on securing the necessary technology and collaboration with legal experts to address copyright issues. Engaging with IPRS may also provide clarity on how to navigate licensing.

Medium term (1–6 months)

As the public's interest in Garg's music continues, there may be opportunities for exhibitions or events celebrating his legacy. Kalita and others involved in preserving Garg's music may work towards establishing a more structured initiative for digitisation and sharing.

Signals to watch

Updates from IPRS regarding the registration of Garg's songs and ownership clarity.
Emerging legal precedents related to music ownership and copyright in India.
Developments in technology for digitisation and archival of older music formats.

Practical guidance

Do

Stay informed about the legal landscape surrounding music ownership.
Support initiatives aimed at preserving musical heritage.
Engage with music streaming platforms to advocate for greater transparency in rights management.

Don’t

Don’t assume that all music is freely available for sharing online.
Don’t overlook the importance of copyright laws in protecting artists' rights.
Don’t disregard the potential impact of music ownership on artists and their families.

Checklist

Research copyright laws relevant to music ownership in your region.
Identify local initiatives focused on music preservation.
Explore ways to support artists in securing their rights.
Follow news on developments in the music licensing industry.
Check for events or exhibitions celebrating local music legends.

Risks, caveats, and uncertainties

The landscape surrounding music ownership is fraught with potential complications, particularly in cases like Zubeen Garg's, where multiple parties could claim rights to songs. Uncertainties arise from the need to trace ownership across various producers and distributors, some of whom may no longer be active. Additionally, the evolving nature of digital rights and licensing can create further ambiguity, making it essential for stakeholders to approach the situation with diligence and care.

Bottom line

Vishal Kalita's efforts to preserve Zubeen Garg's music highlight the broader challenges of music ownership in India. As the music industry continues to evolve with digital platforms, clear legal frameworks and collaborative efforts are needed to ensure that artists' legacies are protected and accessible to future generations.

FAQs

What is the significance of Vishal Kalita's collection of Zubeen Garg's music?

Kalita's collection is crucial for preserving Garg's legacy, especially after his recent passing. It includes rare tapes that are not available on mainstream platforms, showcasing the depth of Garg's artistic contributions.

Why are there issues with sharing Zubeen Garg's music online?

Many of Garg's songs have unclear ownership due to the complex nature of music copyright in India, which can lead to legal challenges when attempting to upload or share his works online.

What is the role of IPRS in music ownership?

The Indian Performing Right Society (IPRS) is responsible for collecting and distributing royalties for music. They help ensure that artists or their families receive payment when their works are used commercially.