Brief of Music License
In India, the Copyrights Act of 1957 oversees music licencing. It's a type of intellectual property right that's controlled by the fact that it's intangible. To determine the author's work, it is first necessary to comprehend the Act's definition of works. An author, according to section 2(d) of the Act, is a person who composes music.
When a person composes music, the notion of originality applies to the music he or she creates. When it comes to artistic work, this immediately attracts some type of protection. As a result, the terms of the Copyright Act would be considered when applying for a music licence.
The Indian Performing Rights Society is the major institution that issues music permits to enterprises such as shops, restaurants, and pubs (IPRS). It is a corporation with offices all throughout India. Aside from this organisation, there is the Phonographic Performance Limited's Copyright Society for Sound Recording (PPL). This organisation issues music licences for restaurant performances. If a business or restaurant wants to have a live performance, they can use the IPRS.
As a result, every restaurant or bar must have a music licence for both recorded and live performances.
What are the many types of music licences that can be used?
Music licences are the most common way for artists to earn royalties for their work by granting legal authorization to someone who wants to use it. There are six different sorts of licences that can be used for various purposes. Synchronization licence, master licence, mechanical licence, print rights licence, public performance licence, and theatrical licence are the different types of licences available.
Original compositions can be used in a variety of ways, from sheet music reproduction to theatre shows to jukeboxes and major feature pictures. Because copyrighted things require explicit permission from the creator before being used, anybody interested in utilising the work must obtain a music licence.
In general, if you're using a song (that isn't yours) for something that will be heard by others, you'll need a music licence. This licence will include usage and term rights, determining how the song may be utilised.
Types of Music License
A pub, bar, restaurant, or any other establishment can receive one of two types of music licences:
Pre-Recorded Music License
This type of licence is commonly utilised by hotels, bars, and restaurants. If a restaurant or hotel wishes to pursue this type of licence, they must submit an application to the PPL for approval. The key distinction is that the music is pre-recorded for this licence. As a result, this type of licence would be appropriate.
Public Performance Music License
Large clubs, discos, restaurants, and hotels typically employ this type of licence for public performance music. If a company wants to obtain this type of music licence in India, they must submit an application to the IPRS. The author of music produced in the country would be protected if such permits were issued.
The following sorts of music licences are available to artists for their works:-
License for synchronisation
Music that has already been created is synced with some visual assets in this style. Music licences are held by a wide range of users, including TV advertisements, advertising agencies, film studios, and so on.
The goal of this licence is to make an artist's work available to the general public through CD production, online music distribution, and other forms of dissemination.The artist who owns the copyrights to their work gets compensated for signing an agreement allowing the distribution or recreation of their original work. Even minor changes to original components, such as remixing, adding own lyrics, or changing anything about the original composition, require a mechanical licence.
The Master licence is more complicated than other licences, and it comes with a sync licence. This licence permits the licensee to use the song's pre-recorded version in any audio-visual project, but it does not allow the music to be re-recorded.
License for Public Performance
This is the most popular type of licence for transmitting a copyrighted work by an artist. Businesses that play music in their jukeboxes or give public performances, such as concerts, must obtain this licence.
License for Printing Rights
This licence refers to a physical copy of sheet music that has been created by an artist. It's required whenever a sheet music compilation is printed, or whenever copyrighted work's sheet music is re-produced.
License for the Stage Shows
Theatrical licences, which are a highly specific type of formal permission, are very common in the theatrical industry. When a copyrighted work is performed onstage in front of an audience, the licence is required.
In India, which establishments are eligible for a music licence?
To prevent any penalties, any business that wants to play pre-recorded music in their establishment needs obtain a music licence. A hotel, restaurant, pub, event, mall, movie hall, sporting event, product launch, aircraft, or any other place where music is performed might be considered a business unit. If you're in the business world, you'll need a music licence if you're doing the following:-
- Music License for Public Performances at Multiplexes, Hotels, Event Venues, Malls, Pubs, Banquets, and Other Public Places
- For band performances and music broadcasting on television and radio, a music licence is required.
- Interactive and non-interactive music streaming over the internet requires a music licence.
- Caller tune music licence
- Music licences are required for singers performing at your business, as well as the usage of sounds or music in commercial television, advertisements, and other media.
Advantages of Music License
The following benefits can be enjoyed by securing a music license in India:
Observance of Authorities
Obtaining a music licence ensures that the company/entity remains compliant. Furthermore, any establishment/restaurant that does not obtain a music licence will be charged/fined by the Indian government.
Boost Your Reputation
Public performances in restaurants and taverns are possible with the IPRS music licence. This will undoubtedly draw in more customers and enhance the restaurant's reputation.When compared to a restaurant with pre-recorded music, all types of live performances are aimed to enhance the reputation of the public.
Boost Your Popularity
Obtaining such a licence may boost the restaurant's popularity. In the case of a live performance, the audience would be more interested. From the beginning to the finish of such events, the artist's popularity will grow.
Original Artist Copyright Protection
All original works are automatically protected by the Copyrights Act of 1957. As a result, adhering to the music license's criteria would protect the song against unauthorised copying and dissemination.
What documents are required to obtain a music licence?
- Name, residence, and nationality are examples of personal information.
- Information about the company.
- A detailed description of the kind of music you'll be playing.
- If you run a limited liability partnership, you must submit a certificate of incorporation.
- PAN Card is a government-issued identification card.
- Certificate of GST registration
- Electricity bill, driver's licence, or voter ID card can all be used as proof of address.
What do you need to get a music licence?
Before applying for a music licence for your restaurant/store, you should familiarise yourself with the basic requirements of the licence, which are listed below: -
- The spectrum of music that can be heard.
- The range in which music can be heard (in square meter).
- Your restaurant's seating capacity.
- The type of location where music will be heard, such as the dining room, restrooms, bars, kitchens, and so on.
- The sort of music-playing equipment, such as a radio, CD player, or television.
What is the procedure for obtaining a music licence in India?
Go to the Official Site
In order to register for a music licence in India, the applicant must first go to the official website. For any type of live or public performance licence, this will be the IPRS. The IPRS, on the other hand, grants music licences based on the needs of the business.
This includes music streaming services, OTT platforms, enterprises, restaurants, 5-star hotels, and other types of establishments. The official website can be found at the following address: https://www.iprs.org/. Aside from that, the applicant can go to the PPL's official website, https://www.pplindia.org/.
Choose a category
Begin the process of obtaining a music licence by determining the category or kind of music licence desired, i.e., the sort of music licence desired by the applicant.
Fill in the blanks with the required information.
On the official website of IPR, you can register for an account. Begin by selecting the type of licence, then filling out the required information, such as the applicant's name, address, and contact information, as well as the applicant's email address, GST, password, and user-id for login credentials.The facts must be submitted in accordance with the laws if the applicant is applying for "Music Works and Accompanying Literary Works within the premises." The candidate must give the following information:
- The name of the location.
- The Premises' Registered Address.
- Contact information, such as phone numbers and email addresses.
- Information about the services that make use of the music licence.
- Details on the Public Performance.
- GST, PAN, and TAN numbers are all required.
- Details about the charge associated with the licence must also be provided.
Please review the following General Terms and Conditions (Tariff)
The applicant must go to the Tariff tab for payment information, which includes the fee for each music licence service. The authorised charge, as well as government taxes, must be paid by any user who holds such a licence.
Verification using the internet
The application can be submitted after all of the details have been filled out. Online applications can be filed via the online portal system. The applicant will receive an email and an SMS with the OTP once the process is completed (One Time Password).
Payment over the internet
After the verification is finished, the online application is completed by paying government fees online through payment gateways, and then receiving an online receipt through SMS or email.
Certificates are issued
After a successful registration, the IPRS licence issues an applicant with an Introduction Letter, indicating that the applicant has been registered with the IPRS database.
What are the Fees for a Music Licence?
- The type of environment in which music is played.
- The number of hours that the restaurant/store plays music.
- The number of songs that were played in the restaurant or store.
- The number of people who can fit into the space where the music is being played.
- The kind of business you're running.
The amount of costs (/royalty rates) for a music licence received from IPRS for streaming a live performance at your restaurant/store is Rs. 10k per annum for Metro/Major cities & Rs. 5k per annum for non-Metro cities.The minimum royalty fee for the public playing of music at stores is Rs. 2500 per 5k sq. ft. A range of pricing schemes are available depending on the sort of events held at your restaurant/store. The Royalty/licensing payments for the music licence obtained from ISRA would be set at a minimum of Rs 3,650/- per annum. If you fail to pay for a music licence granted by PPL, you will be legally responsible to pay an interest rate of 18 percent per annum with a penalty charge of up to Rs 2 lacs, whereas if you fail to pay for a music licence granted by IPRS, you will be legally responsible to pay an interest rate of 30 percent per annum with a penalty charge of up to Rs 2 lacs.
What are the Possible Penalties for Offenders?
According to Section 63 of the Copyright Act, anyone who infringes on copyright or other rights is liable for the following: -
- Detention for a period of not less than six months, but not more than three years
- A fine of not less than fifty thousand rupees, but not more than two lakh rupees
According to Section 63, anyone who infringes on a copyright or other right is liable for the following:
- Detention for a minimum of one year, with the possibility of a maximum of three years.
- With a minimum fine of one lakh rupees and a maximum fine of two lakh rupees.
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Frequently Asked Questions
A music licence is required if your firm is engaged in providing entertainment to the general public through the use of some type of music service or public performances by well-known performers.
There are a variety of penalties for failing to obtain this licence. The government can impose such penalties if you do not follow the provisions of the Copyrights Act of 1957.