For decades, the Indian film industry has copied tunes from Western copyrighted works and created unauthorized derivatives. As the music and motion picture industries in the United States started taking notice of this copyright infringement, so too did Indian music directors as domestic infringers profited from copying. Despite the existence of an enacted copyright statute in India, and the nation’s membership with various international intellectual property treaties and conventions, enforcement continues to be poor. This lack of protection allows high-profile music directors in the Indian film industry to get away with copyright infringement. This comment proposes that India must improve its copyright enforcement regime, reprimand infringers, and work with the United States to understand how it should create a better, more protective environment for domestic and foreign copyrighted works.
Harini Ganesh, The Need for Originality: Music Infringement in India, 11 J. Marshall Rev. Intell. Prop. L. 169 (2011)