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For a Bollywood worshipping family like mine, watching a Hindi film every Sunday is almost a family ritual. About a few weeks ago, while watching the song Bachna Ae Haseeno at the start of the film, my mother told me that back in the 70s, the original song was one of the biggest chart-busters for its quirky dance moves and the catchy tune.

This immediately got me thinking about various legendary Hindi songs produced in the 80s and 90s, to name a few: The Humma Song, Tamma Tamma, Laila main Laila, which have been remixed and included in films in the recent past. But doesn't copyright law prohibit making copies of someone else's media?

This article will essentially address the above question and analyze the provisions in the Indian Copyright Act, that allow making a remix from an old song and the shortcomings in the Indian Copyright Act. This paper shall further discuss judgments passed by courts on this issue and the amendments that could be made to the existing Indian Copyright Act.

When a person creates a product that is original in nature and has taken significant mental activity and intellect to create, this becomes intellectual property and should thus be protected from being copied without authorization. Essentially, copyright law does not allow an individual to earn profit and appropriate to himself, the labor, skill and capital of another.[i]

Basically, you have a copyright from the moment you create something and it needs to have two things: it needs to be original and it has to be fixed in a tangible medium of expression as copyright protects your expression and not your idea.
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Copyright can be understood as a bundle of rights that are exclusive in nature and are held by the owner of the copyright through Section 14 of the Indian Copyright Act.[ii] The owner has the exclusive right to develop it further, right to make translations, right of reproduction, right of publication, communication to public etc. [iii]

Remix Culture in the modern era
The internet has majorly supported the remix culture, where users engage with content by creating derivative works. Remixes take many forms but a popular one is in the idea of sampling bits from other songs or creating music mashups. Creators have started to exist in a world where they respond to creating derivative versions of previous works. A remix is made by using an oDetailsld song that has the original lyrical work.

This old song is decorated, modified and transferred so as to fall under the category of an original work. The new song is made by using audio mixing and adding and subtracting certain elements of the original song. DetailsHere