A tabla player associated with vocalist Kishori Amonkar has issued her a legal notice over non-payment of dues for a a live concert done without his consent.
Discord has hit a high note in the Indian classical music fraternity. The simmering issue of the rights of accompanying musicians has flared up with a tabla player associated with vocalist Kishori Amonkar issuing her a legal notice over non-payment of dues for a recording of a live concert done without his consent.
Musicians who accompany the main artists on stage during live concerts and recordings often exist in the background, their instruments providing vital support to the performance. Their fees, normally agreed upon verbally, are usually a small fraction of what the main artist charges.
Pandit Balkrishna Iyer (50) accompanied Kishoritai on the tabla for over 20 years. His move to issue a legal notice to the noted khayal singer has literally snapped all ties between them. The dispute arose when Iyer discovered recordings of Swar Utsav, a concert held in New Delhi in October 2003, where he had accompanied Amonkar, being sold in the market.
The Copyright Act provides that before recording a live concert, the consent of each musician performing in the ensemble must be taken. “Forget taking my consent, I was not even informed that the performance would be recorded and sold,” said Iyer. He shot off a legal notice to Music Today, which organised the concert and recorded it, and to Amonkar last November, demanding Rs 1 lakh as damages for “unauthorised and illegal use and exploitation” of his copyright and performance right.
While Amonkar categorically refused to speak to DNA on the issue, in her reply to Iyer’s notice she stated that he had been paid the accompanist’s charges and that he had not entered into any contract for separate payment of copyright charges for the recording of the event.
In her reply she also said, “Vocal concert of Hindustani classical music primarily involves delivery of music by the primary artist. It really does not matter who are giving vocal or instrumental support to the performing primary artist while the recital progresses.”
There have been several such instances of musicians not receiving proceeds from sale of recordings in the past, but they have kept silent due to respect for a senior artist or fear of losing patronage. “The problem is that very few musicians are aware of their rights,” said Aneesh Pradhan, a noted tabla player. Pradhan and his wife, Shubha Mudgal, are part of Music Forum, which is trying to stem exploitation of musicians by raising legal awareness. “Musicians will have to stand up and demand their due,” Pradhan added.
Iyer is prepared to take the matter to court if all else fails.
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