Browsing by Author "Arya Mirgane"

Now showing 1 - 1 of 1
  • No Thumbnail Available
    Item
    Bass Bajna Chahiye Gaana: Public Performance Copyright Enforcement and Unequal Access to Compliance in India
    (NLUJAA, 2026) Arya Mirgane
    India’s culture is deeply intertwined with music. From Holi and Christmas to Birthday Parties and Weddings, music forms a quintessential part of Indian celebrations. Alongside its cultural significance, the Indian Music Industry is celebrated worldwide for its melodious tunes to heart-throbbing songs, acting as a massive economic industry sustaining and inspiring a wide range of artists all over India for decades. The research strives to assess if, in practice, compliance burdens often fall disproportionately on low-income and small-scale users such as local event organizers and rural vendors who, more often than not, lack legal awareness or financial capacity, while high-revenue establishments are better positioned to negotiate, delay, or evade licensing obligations. This disparity raises concerns regarding fairness, accessibility, and the effectiveness of copyright enforcement and questions whether the current framework is sufficient to operate equitably across various socio-economic groups. The ‘Copyright Act, 1957’2 came into existence in the post-independence era to foster creativity, reward such artists and creators, and to enable the prosperity of innovation by granting them exclusive rights to their work for a limited duration. The Act aligns with international standards and guidelines particularly those established under the ‘Berne Convention, 1886’. The Convention acts as an international foundation to protect the rights of creators of diverse fields of works.