With sites offering a variety of ring tones for users to download (for a price, of course), you can get jiggy with Will Smith, be swept away by Mozart, play with Christina Aguileira or sing to your mitwa along with Aamir Khan.

Priced between Rs 5 (on an Escotel phone) and Rs 7.50 (on an Orange pre-paid phone) for a tune, you can get latest hits from Saathiya to the Bond thriller, Die Another Day, for your listening pleasure.

Given that tunes available for download range from classic compositions to the newest numbers, how do the original creators of the tunes, musicians, songwriters and music producers, protect their copyright when used for mobile phones ring tones? 

"Ring tones available on the net are music notes from existing music and are subject to copyright protection under the Copyright Act, 1957," says Ajay Shaw, an associate with the Mumbai-based DSK Legal. "For instance, when a famous Hindi song, the musical notation of which has copyright, is put on the Internet for download, you have to check if the site has sought permission from the original owner or whether they own the copyright themselves."

Shaw also claims that sites that offer ring tones for download that have not been registered as copyrights, are liable for contributory infringement, because they allow others to infringe the copyright by downloading ring tones.  

The only exception, says Shaw, is tunes in the public domain, like Jingle Bells or London Bridge is Falling Down. "No one has copyright over these tunes and they can be used by anybody without permission," he says. 

Interestingly, while sounds are not protected under the Copyright Act in India, in the US they protected as a trademark. "For instance, the famous sound of MGM's lion roar is protected as a trademark by the United States Patent and Trademark Office (USPTO). The USPTO has also allowed 'non- traditional' forms of trademark such as sounds," says Shaw.  

However, according to Vipul Pradhan, CEO, Phonographic Performers' Ltd, a division of IMI, "There are certain companies that are ignorant and are not aware that copyright issues are involved in ring tones. We take action against them by issuing letters informing them that what they are doing is illegal, which is when they realise their mistake and make sure they take steps to ensure that they have the permission of the composers of the ring tones they offer for download."

One can believe the musical trio of Shankar, Ehsaan and Loy giving permission to put up their tunes from Dil Chahata Hai for download. But what happens when the tune belongs to a popular US singer like Jennifer Lopez? "Normally a musical composition is licensed in various countries through the distributor," says Shaw. "But, if a license is not given to the site and they still use it, then it is a clear case of copyright infringement under Indian law." 

For sites that illegally offer ring tone downloads, there's good news for the immediate future. "In India, the process of proving copyright infringement is very tedious and the compensation offered is very little," says Shaw. "Unless there is something substantial being lost, the company usually does not bother trying to prove copyright infringement."

However, Shaw is quick to point out that this is precisely why the Indian government, urged by lobby groups, is thinking of more stringent laws on music piracy.  

Since the Backstreet Boys, A R Rahman and Daler Mehndi started belting out their tunes from mobile phones in India, there have been no cases involving copyright infringement of this kind in the Indian courts. With more and more tunes available for download by the day, tighter law enforcement code might however be needed to keep a check on sites that are offering these services illegally.   

"This problem has not reached those proportions in India as it has in the west," says Pradhan. "I can guess you can say: So far, so good!"

Share your comments