Irony
of a Charitable Trust:
"The irony of a charitable art trust sueing an artist and trying
to wrest away her work has escaped the plaintiff. And so has the fact
that one would rather expect such trusts to educate artists about their
rights in the first place.
"The gradual commercial expansion of Indian music attracts all
types of individuals who compensate by greed what Nature deprived them
of talent. It is the very raison d'être of copyright law that the
commercial rewards should benefit those who are the fountainheads of those
rights, namely the creators themselves. Copyright is the sacred bond,
engraved in Law, between the creator and his or her creation, be it a
song or a book. It stands to reason that the commercial rights of a song,
whose duration is – precisely! - calculated on the lifetime of the
author (they last until 60 years after his/her death), cannot be misappropriated
on the sly, without a written, explicit consent from theFirst Owner.
"It is the sacred duty of the publisher to exercise his vigilance
so that this property is not usurped by the clever, the unscrupulous and
the powerful, and that artists today do not meet the fate of the labourers
described yesterday in the novels of Charles Dickens, Emile Zola or Jack
London. The utter penury into which many eminent contemporary artists
or their descendants have sunk – while the record companies continue
to reap the benefits of their work, and will continue to do so for many
decades because they misappropriated these rights from the unsuspecting
artists –, should serve as a clarion call to all songwriters to
stand up for their rights."
Achille Forler on Shriram Bharatiya Kala Kendra vs Shubha Mudgal
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