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Legal service India => Copyright laws in India => Topic started by: Srikatte on September 09, 2016, 11:17:55 AM

Title: Is recording your own funny lyrics for an existing film karaoke song legal?
Post by: Srikatte on September 09, 2016, 11:17:55 AM
If lyrics and music of a film or independent music album song is popular and one writes his/her own lyrics and uses the karaoke of this song to record and publish over sites such as Facebook and youtube, does it infringe copyright laws?

The intent is not to make money but for fun...

Does it depict fair use? What if the meaning or intent of the new lyrics is not necessarily a parody of the original song but is making fun of something else?
Title: Re: Is recording your own funny lyrics for an existing film karaoke song legal?
Post by: advkartik on September 09, 2016, 06:31:27 PM
It can be termed as fair use.

If a dispute arise in the court of law.

Your defense will be fair use.

Whereas it will be the discretionary power of the judge to decide the matter.
Title: Re: Is recording your own funny lyrics for an existing film karaoke song legal?
Post by: rajgopal sripathi on September 22, 2016, 09:20:42 AM
Hi
You would be infringing copyright in two areas: (1) the actual recording of the karaoke track would almost certainly be protected by copyright and (2) the music part of the composition which is still protected by copyright.

However if the music is given by  a   composers and musicians under Creative Commons licenses (http://creativecommons.org/) or under the musician’s own terms (e.g., ‘not for commercial use’) then you will not be liable for copy right infringement.

Parody involves the deliberate imitation of a work, usually in order to make fun of it or comment on it in some way. It is considered a form of derivative work—meaning something based on an existing work. In India , parody can be considered a form of fair use if certain conditions are met and is thus protected from copyright claims from the owner of the original work. In India, a parody can be considered to be fall under fair use if the new work can be interpreted as a comment or criticism of the existing work.

Parody becomes an even more troublesome concept when music is concerned. Most music parodies make fun of the performance style of the performer and the lyrics of the song; however, the actual music (the melody and harmony) remains unchanged. Thus, although the performance and lyrics are imitations, the music—which is also protected by copyright—is not. One key factor would be the extent to which the purpose of the original performance has been changed