A Singer's Death, 38,000 Songs, and the Question of Music Ownership

A Unique Collection and the Struggle for Music Ownership

Vishal Kalita, a 30-year-old from Assam, India, has transformed his home in Guwahati into a private museum dedicated to music cassettes. For over a decade, he has been traveling across the country to collect these obsolete tapes, which now fill his residence with a rich collection of music history. The museum, opened to the public last month, also features hundreds of CDs and rare posters of musicians from around the world.

Among the highlights of the collection is the discography of Zubeen Garg, a beloved singer and composer from Assam. Garg, who passed away in Singapore last month, left millions of fans heartbroken. His death has brought attention to Kalita’s extensive collection, which includes 38,000 songs by Garg, some of which are not available anywhere else today.

On September 16, just days before his passing, Garg visited Kalita’s home and expressed how the collection reminded him of some of his "long-forgotten" creations. Since then, Kalita has joined a network of Garg’s fans and friends in an effort to make his work more accessible through online streaming platforms and ensure royalties for his family.

"Some of these cassettes are too old and can get damaged. I want to bring them back to public memory," Kalita says. But the question remains: can he do it?

The Challenge of Music Ownership

Garg’s case is not unique. Many of his songs cannot be uploaded online without risking copyright violations due to unclear ownership. This issue is not limited to Garg; music ownership has long been a debated topic globally.

For example, Taylor Swift had to re-record her albums to gain full control over her music. Similarly, many musicians have started their own labels to retain control over their work. In India, music ownership has often been mired in tensions, with contracts favoring producers and labels over creators.

After Garg’s death, fans discovered that one of his most popular songs, "Mayabini Ratir Bukut," was missing from a major streaming platform. It was later uploaded by a user but removed within a week due to licensing issues. Manas Barua, a filmmaker and Garg’s friend, explained that many of Garg’s songs have contested or difficult-to-trace ownership.

According to Neel Mason, a Delhi-based intellectual property rights lawyer, the Copyright Act, 1957, governs music ownership in India. There are separate copyrights for lyrics, musical composition, and sound recordings. The authors of lyrics and musical compositions are the lyricists and composers, respectively. However, the producer is deemed the author of the sound recording, making them the first owner.

Ownership can be transferred through licensing, which can create a complex network unless properly documented.

A Complex Network of Ownership

In Garg’s case, many songs have uncertain or contested ownership. Some are available online but are repeatedly removed due to licensing issues. Additionally, many of his older tracks were never digitized and risk being lost.

Shyamantak Gautam, a producer of Assamese films and associate of Garg, has engaged a team to draft a list of songs written, sung, and composed by Garg. At least 1,033 of his songs are registered with the Indian Performing Right Society (IPRS), and they are working to register more.

The IPRS, India's sole government-authorised organization for collecting and distributing music royalties, ensures that creators or their families are paid when their work is used commercially. Rakesh Nigam, CEO of IPRS, stated that the rapid rise of digital platforms has made ownership tracking more complex, with diverse licensing models and multiple stakeholders.

A Broader Issue in the Music Industry

Garg’s case reflects a broader issue in the Indian music industry. Several other singers, such as SP Balasubrahmanyam and Lata Mangeshkar, faced similar challenges with ownership and compensation. KJ Yesudas, a legendary singer, started his own label in 1980 to gain more control over his creations.

Meanwhile, in Guwahati, Kalita is working to digitize some of Garg’s tapes using the latest Japanese technology. He aims to preserve these rare tapes in the best quality, ensuring that Garg’s music lives on.

"I want these rare tapes to be digitised in the best quality. Zubeen Garg will live through his music. And, as his fan, that's the least I can do for him," Kalita says.