Copyright in karaoke

1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
COPYRIGHT IN KARAOKE
FILMA VARGHESE
TRADE MARK DEPARTMENT

2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
INTRODUCTION & BACKGROUND
• It is a form of participatory entertainment in which the participants
sing along with a recorded arrangement of songs without the vocal
tracks, while the lyrics are displayed in time with the music.
• Karaoke is performed most often as a group activity in bars,
restaurants, and nightclubs with large selections of Karaoke songs, or
at group events where the Karaoke song selection is provided by a
paid mobile Karaoke host.
• Karaoke was born 20 years ago, according to legend, when a few
stressed-out Japanese businessmen were looking for fun in a Kobe
City snack bar. When a strolling guitarist didn't report for work due to
illness, the owner of the bar produced some tapes of instrumental
recordings. Many Japanese love to sing, and these businessmen were
delighted to croon along with the tapes.

3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTINUED….
• Singing over the melodies of popular tunes - or karaoke - has grown
into a $10 billion dollar worldwide industry in just two decades. While
karaoke is most popular in Asia, karaoke-related sales in the United
States were estimated at $300 million last year.
• With the birth of karaoke, owners of bars, restaurants and nightclubs
discovered an inexpensive way to entertain their customers. Karaoke
provides an alternative to live musicians, and many customers enjoy
shedding their inhibitions to participate in the entertainment. Karaoke
equipment has become more sophisticated in recent years. Many
businesses hire a karaoke jockey or KJ to run the show, but it can be
cheaper than a band.

4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
COPYRIGHT IN KARAOKE
Copyright law DOES cover Karaoke... both in the making of
karaoke discs and in the performance in a bar. Virtually all
popular songs are copyrighted and can't be legally played in
public without permission of the songwriter.
Authorized Use
A creator's right to his work is protected by Copyright Act.
This right lasts as long as the creator is alive. The creator---in
the case of karaoke, the songwriter or singer---must
authorize the use of his creation---in this case, a song---for
the commercial use of others. Generally, karaoke bars offer
video recordings of customers singing. However, if the
karaoke bar owner has not bought the rights to the song, he
cannot legally record his customers singing.

5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTINUED….
Fair Use
Fair Use doctrine allows users to make copies or back up recordings for personal
use. This doctrine can also apply to karaoke bar owners. Under the Fair Use
principle, they can back up karaoke songs combined with graphics for archival
purposes. The application of this doctrine to karaoke songs combined with
graphics is controversial, though. Music and film corporations hold that making
back-up copies of karaoke songs combined with graphics should not fall under
the Fair Use doctrine because they make money off the rights to these
materials.
This exception is a subject of many court opinions, and much dispute among
legal experts. The actual test for whether or not a use of copyrighted work is
fair use has at least four factors:
– The purpose and character of the use
– The nature of the copyrighted work (creative work or merely factual)
– How much of the copyrighted work was used
– The effect of the use upon the potential market for or value of the
copyrighted work

6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTINUED….
Purpose and character
The owner of the Karaoke CDG, whether a professional who performs
or hosts public shows or a private individual, is not trying to profit
from copying and reselling the CDG. They are either backing up the
content of the CDG, or simply moving the content from the CDG
format to a Hard Drive format (for example) for ease and efficiency of
use.
Nature of the copyrighted work
The copyrighted works on a Karaoke CDG are creative works but
typically not an original creative work.

7. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTINUED….
Portion of Work Used
The question here is whether the minimal amount of the
copyrighted work was used, or if more was used than was strictly
necessary to accomplish the purpose.
Market Effect
Copying a Karaoke CDG for backup purposes or for ease of use will
have relatively little effect on the market for or value of the
copyrighted work on that CDG. Making a copy of a Karaoke CDG,
whether as a backup, or a change in format to a hard drive, to the
extent analyzed under the fair use rubric, should be considered a
fair use. Under the US court's ruling in Riaa v. Diamond
Multimedia , it seems likely that personal use or backup copies of
electronic media (like CDGs, ebooks, or DVDs) would be found fair
use if the issue were ever litigated.

8. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTINUED….
Synchronization Licensing
If music is going to be used in sync with a visual image, whoever is
broadcasting the music and image must buy a synchronization
license.

9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
KARAOKE IN INDIA
• Any organization or group organizing karaoke music in state-owned
halls, auditoriums and theatres owned by them must obtain prior
permission to do so from the Indian Performing Right Society
(IPRS).
• PPL and IPRS, have the copyright for recorded music played in
public areas and rooms in hotels, as also for video films shown on
television. IPRS charges license fee for the rights of the authors
(lyricists) and composers while PPL charges license fee for sound
recording of the music.
• PPL deals only with sound recordings, while IPRS deals with the
administration of musical and literary works. If a sound recording
is used as is, license ought to be sought only from PPL. On the
other hand, if only the musical score and the lyrics are used, as is
the case in live concerts, you need to get a license from IPRS.

10. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
IPRS – Indian Performing Right
Society limited
• An authorized body under section 33 of the Copyright Act
• Established in the year 1969.
• A member of the Copyright Enforcement Advisory Council and protects
the performing and synchronization rights of composers, songwriters
and publishers.
• To issue license for hosting Live Performance Musical shows and collect
royalties on behalf Music Directors, Lyricists and Music Companies.
• Under section 34 of the Copyright Act, IPRS has the exclusive right to
issue licenses for live performances.
• IPRS license need not be obtained by a Band/ Artists but by event
company or venue owner organizing the live act musical show.
• IPRS license fee shall be exempted for religious shows.

11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
PPL – Public Performance
License
• A copyright society authorized by the government of India to collect
Public Performance License fees. It mainly safeguards music
copyrights belonging to various music companies.
• It gives permission to use all recordings administered controlled by
PPL. It does not permit you to play sound recordings not administered
by PPL.
• A public performance license does not allow you to re-record
commercial sound recordings onto other media.
• PPL license are mainly issued on two modes.
• Yearly base - For regular routine in-house hotel or restaurant
programs.
• Per event - For any new indoor / outdoor conceptualized event which
would be a onetime or annual event.

12. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CASE LAW
• InZomba Enterprises, Inc. v. Panorama Records, Inc., 2001 WL 1814319 (6th Cir.
2007), the Sixth Circuit addressed the interaction of copyright law and karaoke
music. The defendant in Zomba does not seem to have thought about the
possible effects of intellectual property law on its conduct, and it paid a heavy
price for this omission.
• The Copyright Act, however, affords protection to “musical works, including any
accompanying words.” 17 U.S.C. § 102(a)(2). Plaintiff Zomba Enterprises
publishes and holds copyrights to various songs, including music performed by
pop music performers such as 98 Degrees, the Backstreet Boys, NSYNC, and
Britney Spears. Zomba learned that Panorama’s karaoke packages contained
unauthorized copies of some of Zomba’s songs. Zomba filed suit asserting thirty
counts of copyright infringement – one count for each Zomba-owned musical
composition that Panorama recorded and sold in its karaoke packages.
• The Sixth Circuit rejected Panorama’s argument that its copying of Zomba’s songs
should be considered “fair use” under the Copyright Act. Section 107 of the
Copyright Act provides that “the fair use of a copyrighted work . . . for purposes
such as criticism, comment, news reporting, teaching (including multiple copies
for classroom use), scholarship, or research, is not an infringement of copyright.”
17 U.S.C. § 107. In analyzing a fair use claim, a court is also to consider the
purpose and character of the use, the nature of the copyrighted work, the amount
and substantiality of the use in relation to the copyrighted work as a whole, and
the effect of the use upon the potential market for or value of the copyrighted
work.

13. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTINUED….
• The Sixth Circuit held that, in particular, a court assessing fair use should consider
whether the use is transformative. A work is transformative and more likely to be
protected by the fair use defense if it adds something new or alters the work with
new expression or different character. In this case, Panorama’s hired musicians did
not change the music or the words of the songs.
• The court also rejected Panorama’s contentions that its use was transformative
because, unlike the original songs, the karaoke packages could be used as a
teaching tool and encouraged creativity. Panorama admitted, however, that
karaoke is primarily a form of entertainment, and it was unable to produce any
evidence that its discs had ever been used as a “teaching” tool. The court also
noted that the end-user’s utilization of the discs was largely irrelevant to the fair-
use analysis. According to the court, “Zomba does not challenge karaoke crooners’
renditions (atrocious or otherwise) of the relevant compositions, but rather
Panorama’s decision to copy these songs onto CD+Gs and then distribute them
without paying royalties.” Panorama’s use of the songs was commercial in nature,
and the “creativity” of the karaoke performers did not change that fact.
• Panorama also failed to prove its copying did not adversely affect the market
value of Zomba’s copyrights. The court went on to conclude that Panorama’s
copying was willful and sustained the district court’s award of $31,000 in damages
per infringement plus attorney’s fees. For business concerned about copyright
infringement, the decision in Zomba highlights the evolving law of copyrights and
the limits of the fair use doctrine.

14. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
THANK YOU