Friday, January 29, 2010

The power of the bargaining power...

When we talk about the bargaining power of some people with respect to the IPR , certainly that holds. I shall bring to the fore an example from the music industry where the famour playback singer Yesudas ( who sung the song gori tere gaav and hindi album chamak cham ) who has the credit of lending his voice to more than 15000 songs , claimed for a royalty for every song sung for a live show performance by the other singers and when the media asked him the reason to stage this claim at this point in time and not anytime before , the artist simply said that he is making efforts to consolidate the Intellectual property rights and thus came the claim.When the media brought out this story , there was a huge uproar from all the artists who used to sing his songs in stage shows and earn recognition for thier talent.Finally this issue was put down by the artist himself when he backtracked his statement and denied making this claim when he felt that this issue is taking a toll on his image.
Was he making the right claim when the production of music entails creative contribution from the composer , director , lyricist and then the singer of course. What really prompted him to claim as when he is considered to be the veteran where he has sung more than 15000 songs Had he taken this issue to court , would he have won his case and set a precedent to all artistes.Can a new singer or a latest sensational singer like Mohit chauhan having sung just a bunch of songs can raise the issue of his IPR and take a claim on the royalty? If at all he makes the claim on royalty , he shud be making a claim on a song which wil be a copyright violation of some other genuine music composer !!
Also another example that I would like to cite is in the case of making of taare zameen par film where the due credit of the story for amol gupte went to aamir khan . the former was given the title of creative director and sidelined.When Amol gupte was approached by the media , he said that though he is hurt for not getting the due credit , he is not ready for a confrontation. Why shud not he go for a tussle when the script and story is his IPR? If had he proceeded with this , that would simply mean the end of his career. there are many instances when budding artists , screenplay writers who approach the producers with good storyline will be asked to return with the same story after some time. By the time , the aspiring and promising screenplay writer meets the producer again with a ray of hope to make a career out of this , the story would have already turned into a film getting ready for the release. Contract agreements even made to protect this kind of infringement of IPR would spell meaningless if not enabled by a good bargaining power.The context of negotiation between two parties will not be only defined by a contract or any sort of commitment when the power parity is not even., as we can definitely correlate this example with our heroes in which 7 cricketers agreed to this arrangement while the top 3 cricketers were excluded .

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