Basing a new musical creation in traditional or classical patterns of a certain genre is a well-known practice in the industry, a fusion bringing together classical and modern genres. However, classical music from a region such as India shares common patterns and “traits” that are fundamental to those specific genres.
These similarities or common patterns generate uncertainties to what would constitute a copyright infringement of these works. In addition, the reinterpretation of these works under other forms such as a film would further complicate the analysis of an alleged infringement, as it happened in the case Thaikuddam Bridge & Mathrubhumi Printing and Publishing Co vs. Hombale Films.
In order to assert legal certainty into this matter and incentivise investment a delicate line must be drawn. Read a more detailed analysis of this case here.
- Publication date
- 25 November 2022