Music rights or remuneration? Mollywood producers planning action against composers demanding song rights

Music composers in the Malayalam film industry may be in for some tough times as the producers' association is mulling a ban on musicians demanding rights to the songs they are doing. This move comes when producers' associations are already blaming actors for the high production costs of Malayalam cinema.

Producer B Rakesh, who is the secretary of the Kerala Film Producers' Association (KFPA), said the film body is currently drafting a clause that will make it mandatory for musicians to work according to the norms. He said those musicians who demand rights to film songs will be banned from working in Malayalam cinema, which is already going through huge losses.

"Those who wish for complete rights to songs can make their independent music and sell those tracks to music labels. Why should they seek rights to film tracks? This involves several factors. Their songs are getting recognised because they belong to movies," he said, adding that a few, and not the majority of musicians, have been demanding for song rights.

Another prominent producer who didn't wish to be named told Onmanorama that she flatly refused to work with a music composer who demanded rights to the songs in her film. "I make it very clear to the musicians that I cannot part away with the music rights. But the amount they demand otherwise is also very high, which is a huge burden on the producer," she said.

The producers' association has already filed a complaint with the Association of Malayalam Movie Artists (AMMA), asking them to investigate the issue.

The other side

Certain music composers, however, argued that producers have the choice not to work with such musicians who demand rights. But implementing a complete ban on them is unfair.

Penniless Master musicians of Malayalam

Celebrated veteran music composer Ouseppachan said many great musicians in Malayalam cinema, including Ravindran Master and Johnson Master, were left with zero bank balance when they died and highlighted the low wages provided to technicians in the industry as a prominent factor. Ouseppachan, who has contributed several gems to Malayalam cinema, said it is only fair for the younger music composers to ask what works best for them.

Will the state government or film bodies in the state step in to help a music composer who is out of work? "The music composer can only make hay when the sun shines. Tomorrow, if he is out of work, will the government or the film bodies take care of them?," he asked, highlighting the plight of his contemporaries. 

"Earlier, producers paid remuneration to music composers at their discretion. Also, most of the time, the music done for films was done through a mutual understanding between the producer and music composer. The wages were low then. Even today, not much has changed for the Malayalam film industry compared to Kollywood, though music composers now work mostly on a contract basis. I was forced to fix a contract recently with a Malayalam movie, because the director initially told me there were only three songs in the film. But later the film demanded six songs. If I didn't finalise a contract, I would end up composing six songs, unsure of getting the pay for all the songs," he said.

He added there were risks involved in signing a contract too. "When you sign a contract, say for Rs 15 lakh, you are responsible for the studio, recordings, the song composition, and the remuneration of the musicians. Also, you are responsible for any additional expenditures due to the delay in the recordings etc. in some circumstances like natural calamity, among others," he said.

Music composers who are seeking only rights and no pay from producers also run a huge risk, said Ouseppachan. "Music labels may be willing to buy the songs from these music composers for a huge price. However, if the songs are not appealing to the audio company, the composer might not get sufficient money."

According to him, music composers making money by keeping music rights did not make a name for themselves overnight. They worked hard for years together before music labels started recognising their work. Today, these labels are willing to pay Rs 2 to 3 crores for the film tracks because of the musician's past history and not because of any other factors. I think it is important to embrace this change and see it as a positive sign for the music industry in Kerala," he said.

He added that producers are not compelled to work for musicians who demand music rights. They can choose between composers who seek right or are willing to work for contracts. "However, it is wrong to ban people who demand what they think is their right," he said. 

Sushin Shyam, the biggest name in the music scenario in Malayalam cinema today, said music composer Gopi Sundar was the first person in Mollywood to keep music rights with the film Dulquer Salmaan-film CIA. He would publish the film songs through his own music channel, which would bring him profit. "I started keeping rights from 'Romancham' based on a mutual understanding with the makers of the film. Most of the deals I have sealed have come to me and it has been a workable situation( so far)," he said.

According to him, producers were initially happy to give away music rights to composers since they did not have to spend any money on the musicians. "At that time, music labels were not paying much for the music then. In fact, the pay was just a little more than the remuneration producers promised us. However, the scenario has changed now with music labels willing to pay hefty amounts for the music," he said.

I think all music directors should have a fair share of the music rights. "Many older music composers don't have financial stability even after working in movies for years. The scenario in the industry would have been better if they had a fair share of the music rights. It is sad when they don't have rights over their creative work," he said.

Hit music composer Dawn Vincent said it should be a win-win situation if the producer and the music composer are able to reach an agreement about the share in music rights. "I have not worked for music rights, but I understand, it would only be fair if those involved in the making of the song could get a share of the rights since film music involves both audio and video," he said.