LAWS(DLH)-2012-5-70

INDIAN PERFORMING RIGHT SOCIETY LTD Vs. ADITYA PANDEY

Decided On May 08, 2012
INDIAN PERFORMING RIGHT SOCIETY LTD. Appellant
V/S
ADITYA PANDEY Respondents

JUDGEMENT

(1.) What we commonly understand as a song consists of three elements: lyrics, music and singing. There are three players. The lyricist who provides the words; the musician who provides the music score; and the singer who provides the sound to the words. The trinity join: a song is created. Thus, a song is music which is vocal in character. It is but natural that in a song, the words and the music have a special relationship. Words affect the melodic line, even the rhythmic structure. The inflection of the language in the lyrics leaves an imprint on the melody and the rhythm; on style and phrasing. When a song is sung there is a moving romance between the words and the music.

(2.) Do the identities break when their fusion creates a synthesized product i.e. when a song is recorded'

(3.) Undoubtedly, when a song is recorded there is homogenization of the lyrics with the musical score; where integration is articulated through the multi-level hierarchical system of inter-dependence.