Naama Ramayanam - Song Usage Query in Film
2 weeks ago
Greetings,
My name is Vinay, and I am a filmmaker from Karnataka. We are an independent filmmaking team and we are making our first film.
In the feature film, there is a particular scene which requires traditional song about lord Rama. We wanted to use "Nama Ramayanam" song for the scene. Hence we recreated the song, with vocals from a different singer. (Our understanding was that the song is in the public domain)
After uploading the song to YouTube on occasion of Sri Rama Navami, we received a content ID claim on the song. We contested the claim and the claim was checked and the claim has now been released.
We are concerned over the usage of the song in the theatrical release. Whether there will be any legal dispute when the film is released with the audio.
Kindly advise.
Here is our version of the song for your reference : https://youtu.be/hh35pbFzfw0
Thanks and Regards!
There is a potential possibility of objection from the different sections of society once the film is released with the song which may even liable you to face legal consequences for violation of the provision of the Intellectual Property Laws that includes the Copyright Act, 1957, the Trademark Act, 1999, the Patent Act, 1970, the Design Act, 2000 etc. So, it's better and safer to get permission from the concerned authority or organization before releasing the film with the song which was recreated and recomposed for its commercial use. You may consult with an IP Lawyer for guidance and steps.
the you tube algorithm tracking system in the current day is super advanced and due to this the lyrics of the song being the same you might have gotten an email from youtube for infringement of copyrights . but it is ignorable as long as you show you are not making profit from it directly from youtube.
Even though it is public domain you cannot use it for commercial purpose. Such song if uploaded and released there will be defiantly objection from other side. Better take permission in writing and then proceed.