Introduction
In an era when music is free to travel and be heard anywhere and everywhere with the accessibility of a digital platform, cover versions of copyrighted songs have become a highly accessible form of expression. From a chill, acoustic remake of a song on Spotify to a furious live performance on YouTube to a seemingly instantaneous Instagram Reel, these reimaginings lend fresh perspective to popular songs and connect creators across the globe. ‘But behind the creation lies a searing web of legal obligations, copyright permissions, and regulatory compliance that artists generally don’t know about– until too late.
India’s legal environment for cover versions is not only evolving but also peculiarly shaped through a combination of statutory rights and institutional licensing regimes. From the historic transition of Section 52(1)(j) to the more robust section 31C of the Copyright Act, to the licensing efforts undertaken by collective licensing bodies such as IPRS and RMPL, being one of the most complicated paths to creating a legal cover version, it also means each company that operates on YouTube and Instagram(such as Meta’s deal with T-Series or Saregama) needs their own specific content licensing arrangements.
This article comprehensively examines the legal framework governing cover versions in India, including statutory licensing, compulsory licensing, key case laws, and what is the difference between musical works and sound recordings. It will also discuss how to obtain the mechanical and synchronisation licenses, real-life platform cases, and penalties for plagiarism.“Regardless of whether one is a music creator, legal practitioner, or industry stakeholder, understanding this framework is essential for compliant expression.”
Sound Recording vs. Musical Work: A Comparative Study of the 2 Dimensions of Copyright in Music
In Indian copyright law, music is protected by two separate classes of intellectual property rights – the musical work and the sound recording. Both of which operate separately, but both can be invoked concerning cover versions or remixes.
1. Musical Work
A ‘musical work’ means the original composition of the song, including the melody, harmony, rhythmic structure, and musical notations, along with the written lyrics.
The copyright in a musical composition belongs to the composer (for the melody) and the lyricist (for the lyrics), or to whom such rights are assigned (e.g., to a publishing company).
Copyright in the song in its written/notated form, whichever way or way it is performed.
Example: If someone plays the melodies of “Tujh Mein Rab Dikhta Hai” on piano, then they are using the musical work even if there is no official audio playing.
2. Sound Recording
A ‘sound recording’ refers to the fixed recording of sounds, typically comprising a performance of a musical work by a singer, instrumentalist, or orchestra.
The rights to a sound recording normally belong to the record label/producer who made and financed the sound recording.
It preserves the specific version and performance recorded in the studio / live environment, but not the underlying melody or lyrics themselves.
Example: The original studio version of “Kesariya” licensed by Sony Music is a copyrighted sound recording owned by Sony Music. “
Why This Distinction Matters for Cover Versions
But when someone records a cover version, they’re usually not using the original studio version, they’re recording their own, different version with different vocals/instruments/tempo.
Even so, the new recording uses the same musical work ( the same lyrics and composition ), which is still owned by the original composer and lyricist. So you have to get legal permission from the owner of the musical work before it can be released/monetised.
A singer who posts their version of Kabira on YouTube is required to obtain a license for the composition, even though they recorded it themselves.
Thus, for most cover songs:
- A license for the musical work is compulsory (often in the form of a mechanical license).
- A license for the sound recording is requested only if the original audio is sampled/reused, not if the entire song is re-recorded.
From Section 52(1)(j) to Section 31C: How India Rewrote the Rules for Cover Songs
India’s copyright framework for music covers made a significant departure with the Copyright (Amendment) Act, 2012, from an informally organised “fair dealing” model to a more defined, enforceable statutory licensing system. Here’s the way it changed:
The Past: Section 52(1)(j) — Fair Use, But With Strings Attached
Before 2012, musicians and singers who wished to create a cover version had to fall back on Section 52(1)(j), which considered such covers as “fair dealing” acts. Although this offered some flexibility to singers and musicians, it was subject to certain conditions:
- You were required to provide notice of your intention to create the cover
- You had to pay royalties in advance
- You were not allowed to make use of deceptive packaging or pretend to be the original work
- No amendment to the tune or lyrics was permitted except by permission
Example: A band recording a cover version of “Pehla Nasha” in a new style of jazz was legally entitled to do so under Section 52(1)(j), provided they took the following steps. But in practice, there was not much regulation, and plenty of artists just bypassed the licensing or weren’t aware how to do it correctly.
The law left too much to interpretation. Was the royalty rate reasonable? Who gets to decide? What if the label or publisher did not want to? This legal grey area created confusion — and too often, inadvertent infringement.
The Present: Section 31c — Statutory License with Clarity and Control
The Current: Section 31c — Statutory Licence with Clarity and Control (Read with Rule 23, Copyright Rules, 2013)
To introduce more legal certainty into the production of cover versions, the Copyright (Amendment) Act, 2012 abolished the amorphous fair-use provision under Section 52(1)(j) and added Section 31C a statutory system of licensing that enables anybody to produce and distribute a new version of a musical work, subject to fulfilling certain procedural safeguards.
Under Section 31c of the Copyright Act, cover versions are no longer a matter of discretion but a statutory right, subject to adherence to the law:
Rights Under Section 31c:
- Any individual can produce a cover version of a sound recording without first seeking permission from the original rights owner.
- Written advance notice should be submitted to the proprietor of the work of music and literature (commonly the author or lyric writer, or the publisher).
- There should be royalty paid in advance to the holder of rights at rates fixed by the Copyright Board (now defunct), or as agreed with the rights holder, or as may be determined by a competent Commercial Court. Royalty disputes are handled by the Commercial Courts.
- The wrapper should be so distinct and designed as not to lead the public to believe that it is being sold in connection with the original.
- No modification of the lyrics or composition can be done without explicit consent from the owner of the copyright.
Example:
When you post your rendition of “Raabta” on Spotify, you don’t require direct permission from T-Series. Nevertheless, to remain within the parameters of Section 31c, you will need to:
- Provide advance notice to the rights owner
- Pay the statutory royalty in advance
- Re-record the song afresh — do not recycle the original studio sound
Compliance with Rule 23 of the Copyright Rules, 2013
Although Section 31c provides the right to create a cover, Rule 23 lays down how such a right has to be exercised. It specifies the operational compliance mechanism, providing legal protection to artists and reasonable compensation to creators.
Major Requirements under Rule 23:-
- Written Notice: Before recording, the individual shall inform the copyright owner of:
- Song title, language, and version details
- Medium of distribution (e.g., digital, CD)
- Estimated number of copies/streams
- Advance Royalty Payment: Must pre-release.
- Re-recording Only: Commercial use of the original sound recording (studio master/karaoke) is not permitted.
- No Deceptive Packaging: Covers should never be made to look like original artwork or the brand.
- Mandatory Attribution: Cover should say:
- Composer
- Lyricist
- That the work is a cover version
- No Alterations Without Consent: Melodic or lyrical changes are disallowed unless authorised.
Application of Section 31c along with Rule 23 of the Copyright Rules, 2013
This shift was intended to give power to artists while safeguarding original creators:
- Removes friction — Artists no longer have to beg for permission.
- Guarantees fairness — Composers and lyricists get paid and receive credit.
- Facilitates legal clarity — Artists understand precisely what to do.
Unless made by Rule 23, even a good-faith cover produced under Section 31c would remain a potentially infringing work, subjecting the maker to civil liability under Section 55 or criminal prosecution under Section 63.
Landmark Cases: How Indian Courts Interpret Copyright Version Rights
Indian courts have reaffirmed time and again that copyright in music is layered, covering sound recordings, musical compositions, and lyrics separately. In creating a cover, each element may demand separate licensing.
1. Gramophone India Ltd. v. Super Cassettes Industries Ltd., (2001) 2 SCC 242[1]
Court:- Supreme Court of India
Key Principle:- The Court held that sound recordings, musical works, and lyrics are independent works under the Copyright Act.
Copyright in one does not automatically include rights in the others.”
Relevance:– The utilisation of the melody of a song in a new cover requires a license from the composer/publisher; the sampling of the original track calls for an independent license from the record label.
2. Indian Performing Right Society Ltd. v. Aditya Pandey, 2012 SCC OnLine Del 2644[2]
Court: Delhi High Court
Key Principle:
The Court explained that IPRS has rights only over musical and literary works (not sound recordings), and whoever performs such works must obtain licenses from IPRS or the concerned owners.
Relevance:
Live performance of a copyrighted song or uploading a cover online necessitates distinct licenses for:
- The musical work (from IPRS/composer)
- The sound recording (from the record label)
- Synchronisation rights if accompanied by video
3. Gramophone Company of India Ltd. v. Super Cassettes Industries Ltd., 2010 SCC OnLine Del 4743[3]
Court: Delhi High Court
Key Principle: The Court ruled that the defendant’s version recordings, which were remix versions of songs from different films, violated the plaintiff’s copyrights. The defendant had not sought permission to make these versions.
Relevance: This case highlights the importance of seeking appropriate licenses before making cover versions or remixes, particularly where changes are made to the original work.
Key Copyright Bodies in India — At a Glance
| Body | What It Manages | When Do You Need It? |
| IPRS | Lyrics & Musical Composition | For singing covers, uploading to YouTube, or live performances |
| RMPL | Sound Recording Rights | When sampling or remixing the original sound recording |
Examples
- Singing a Lata Mangeshkar song on YouTube? → IPRS license, https://onlinelic.iprs.org/CustomerRegistration
- Using a Bollywood beat in a remix? → RMPL license
India’s Types of Music Licenses —
When handling cover songs, there are three broad types of licenses one should know about: mechanical licenses, synchronisation (sync) licenses, and public performance licenses.
1. Mechanical License
This permit enables you to reproduce or distribute the melody and lyrics of a song — i.e., the musical work. You require this if you are recording and publishing a cover version of a song. In India, you can acquire a mechanical license from IPRS (Indian Performing Rights Society) or from the composer or owner of the copyright of the song itself.
2. Synchronisation (Sync) License
Sync license is required when you need to sync music with images — i.e., incorporating a song in a YouTube video, short movie, Instagram video, or advertisement. Although you might have the permission to sing or perform the song, you need to obtain this license independently from the composition owner, typically the music publisher.
- You’ll need a mechanical license to legally reproduce the lyrics and melody
- And a sync license to pair the music with visuals
Releasing a Cover Song Legally in India
If you’re going to sing and give your rendition of a hit song, on YouTube, Spotify, or any online music site, you’ll have to get a Mechanical license. It is a license granted to reproduce lawfully the Musical work (music and words) of another author.
The following are the steps to acquire a Mechanical License-
1. Identify the Copyright Owners
- First of all, identify who holds the rights to the lyrics and musical composition.
- Look up the official song credits (e.g., on Spotify, YouTube, or album booklets).
- You may also search the IPRS (Indian Performing Rights Society) repertoire database, since they represent many Indian lyricists and composers.
2. Send Prior Notice of Intent
Once you have identified the rights holder (either IPRS or individual composers/publishers), you have to give them a formal notice of your intention to release a cover version.
This is mandatory under Section 31c of the Copyright Act — even though permission is not required, you have to give notice beforehand.
3. Apply for the Mechanical License
You can do this in two ways:
- Submit through IPRS (if they own the song)
- Or reach out to the individual copyright owner (composer/lyricist) directly if rights are being handled privately.
Provide information such as:
- Title of song
- Where the cover will be published (e.g, YouTube, Spotify)
- If it’s for commercial use or not
- Your complete details as an artist or uploader
4. Pay Royalties in Advance
When your application is approved, you’ll have to pay the royalties in advance. The fees differ based on:
- The number of copies or streams
- If it’s commercial or non-commercial
- The method of distribution (digital, CD, etc.)
Example: Putting up a monetised cover on Spotify involves paying per stream/download.
The royalty rate is already determined by the Copyright Board or agreed upon through negotiation with the owner of the copyright.
5. Re-record the Song (Don’t Use the Original Soundtrack)
- A cover is doing your version of singing and producing, not merely re-uploading the original soundtrack.
- Do not use the official background track, studio master, or karaoke version of the original song unless you obtain further permission from the sound recording rights holder (such as RMPL or the label).
6. Give Proper Credits
Always give credit to the original creators in your audio or video description. Mention:
- Lyricist
- Composer
- Publisher (where relevant)
This is both legally and morally required and serves to exhibit respect to the original artists.
7. Refrain from Misleading Packaging
- Ensure that your thumbnail, title, or album cover does not resemble the original release.
- Avoid attempting to copy the original brand
- State simply it’s a “cover version” and add your graphics
This keeps you on the right side of the law and prevents confusion for the audience — an important Section 31crequirement.
If in doubt, contact IPRS itself directly at their official website- https://iprs.org/ or the record label. It’s safer to check and remain lawful than face a takedown or copyright strike.
Real-Life Situations: YouTube vs Instagram — What is a Legal Cover?
Let’s dissect with two easy, real-life scenarios. These situations demonstrate precisely how copyright law works when an artist sings a cover or puts up a track on social media, particularly when giant music companies such as T-Series come into the picture.
- Situation A: YouTube Cover Upload
Creator: Rohan, who is an indie singer-songwriter, sings and posts his own acoustic rendition of the song “Tera Waqt” (originally from T-Series). On May 4, 2025, he posts this video on his YouTube channel.
Legal & Practical Analysis
If Rohan plays it safe:
Step 1: He needs a mechanical license to play the melody and lyrics legally.
Step 2: Because it’s a video (not merely audio), he also requires a synchronisation (sync) license — this allows him to sync the song with the visuals.
Step 3: He can acquire these licenses through:
- Approaching T-Series directly, or
- Using a rights agency (for example, IPRS for music/lyrics, RMPL for sound recording rights if necessary)
Step 4: 1. Once he has these licenses, Rohan can:
- Monetise the video safely
- Prevent takedowns or strikes
- Credit the original creators — composer, lyricist, and publisher
Unless Rohan takes these measures:
- YouTube’s Content ID system might identify the copyrighted composition
- Revenue might be redirected to T-Series
- The video might be muted, demonetised or taken down
- Rohan may face civil action under Section 55 or criminal prosecution under Section 63 for willful infringement, depending on the rights holder’s response.
“As per Section 63 of the Copyright Act, willful infringement for commercial purposes may lead to imprisonment of up to 3 years and/or a fine. Even if the singer records the song in their voice and does not use the original soundtrack, failure to obtain the required license is still treated as infringement.”
Even if Rohan sings in his own voice and plays his instruments, he must still license the musical work.
II. Situation B: Use of Instagram Reel
Creator: Neha, who is a fashion influencer, applies the same song “Tera Waqt” to her Instagram Reel, also uploaded on May 4, 2025.
Legal Options Rely on How the Song Is Applied:
Case 1: Neha Applies Instagram’s In-Built Music Feature
- Instagram (which is owned by Meta) already has a pre-existing licensing deal with most Indian music firms — including T-Series, Saregama, Zee Music, etc.
- If Neha selects “Tera Waqt” from Instagram’s music catalogue, it is under Meta’s blanket licensing agreement.
- No further license required.
- She can post the Reel legally without copyright problems.
As it is- 1. Protected by RMPL/RAPL under Meta’s deals
2. No separate mechanical or sync license to be obtained
Case 2: Neha Manually Uploads the Song in the Background
If Neha downloads “Tera Waqt” and then adds it as background audio in her edited Reel through third-party software:
- She is not using Instagram’s licensed tool
- The upload might not be under Meta’s deal
- This might be against Instagram’s music policy
Could result in:
- Muted Reel
- Takedown Notice
- Copyright warning
- Possible legal risk (if rights holder complains)
She now needs:
- A sync license to match music with images
- Maybe a mechanical license, even for brief clips”
Conclusion
In this digital age, cover versions are a rich manifestation of artistic creativity, personal tribute, and cultural reinterpretation. However, creativity must go hand in hand with conformity. Singing or remixing a popular tune might seem like an individual tribute act, but the hidden legal machinery reminds us that such original music and records are intellectual property. India’s shift from the ambiguous fair-use system under Section 52(1)(j) to a clearly defined statutory licensing regime under Section 31c has brought much-needed certainty. Artists no longer have to wonder if their work is legal- the route is now well defined. With proper licenses, fair credit, and moral distribution, cover artists can construct their musical careers without the threat of infringement.
In the end, the law does not aim to suppress talent- it aims to direct it. Section 31c, licensing bodies such as IPRS and RMPL, and changing platform agreements collectively create a system that strikes a balance between creator rights and artistic freedom.
“Therefore, individuals intending to publish covers—whether on YouTube, Instagram, or other platforms—must adhere to statutory licensing obligations and credit original authors appropriately.” legally, ethically, and with proper credit to the original authors who made the music happen in the first place.
References
- www.medialawinternational.com
- https://copyright.gov.in/Documents/Notification/Copyright_Amendment_2012.pdf
- https://support.easysong.com/hc/en-us/articles/360047681973-What-is-a-Synchronization-License
- https://www.rmplindia.org/
- https://ipbulletin.in/mechanical-licensing/
- https://onlinelic.iprs.org/CustomerRegistration
[1] Gramophone India Ltd. v. Super Cassettes Industries Ltd., (2001) 2 SCC 242
[2] Indian Performing Right Society Ltd. v. Aditya Pandey, 2012 SCC OnLine Del 2644
[3] Gramophone Company of India Ltd. v. Super Cassettes Industries Ltd., 2010 SCC OnLine Del 4743.
Authored by: Suvanyaa Raizada, BBA-LLB (3RD YEAR) IIM ROHTAK
Link to similar articles: https://jpassociates.co.in/effect-of-nfts-on-trademark-law/
