The Copyright Act, of 1957 governs Music Licence in India. It is a form of intellectual property right which is governed in the form of intangible. As an individual composes music, the originality would be of the music producer. This automatically protects the artistic work. Hence the provisions of the Copyright Act would be applied to Music Licence Registration.
The authority which gives permission for the Music License to shops, restaurants, and bars with a business perspective is called the Indian Performing Rights Society (IPRS). This body has its offices which are working throughout India. Another institution or organization which grants Music License in India is the Copyright Society for Sound Recording which falls under the Phonographic Performance Limited (PPL). For performances in various type of different restaurants, the PPL that is Phonographic Performance Limited has to grant a Music Licence. For the purpose of live music or performances, one has to take a license from IPRS.
Thus every restaurant or bar must possess a Music License for per-recorded performances and live performances on their premises. The government of India has ordered this as an essential requirement for a restaurant to conduct business if any of them are caught without the above-mentioned license then, he or she has to face the consequences. Hence, obtaining a Music License is a must use the copyrighted music for the work or we can say for the betterment of their business. An amount royalty fee is also needed to be paid against that copyright music if it is used by any restaurant, bar, etc.
What is a Music License?
s per the Copyright Act, ‘musical work’ means a work comprised of music and contains any graphical notation of such work but it does not include any words or any action which is intended to be sung, spoken, or performed with the music or we can say simultaneously with the music. Therefore, a license required for sanction, authentication, and protection of such musical work is called a Music License. Music Licenses are required while playing or performing musical work in a public place or for business purposes.
Types of Music Licenses in India
The first type of music licenses in India are those for public places and performances. They are required for playing music in public places like hotels, guest houses, resorts, vacation homes, clubs, lodges, shopping centers, parks, etc. Public event performances that are organized at pubs, nightclubs, amusement parks, dining restaurants, lounges, coffee houses, cafes, etc. also require music licenses. Banquet halls, auditoriums, waiting halls, etc. Music licenses are also required by publishers and broadcasters who broadcast music and live events via satellites, radio shows, television shows, etc.
The second type of music licenses are those that are obtained for online streaming of music on OTT or other digital platforms. Broadcasting of non-interactive and interactive music shows, live karaoke performances and the use of motion pictures on digital media, downloading, rental, and sale of music on digital media, audio recording facility on the digital medium also require music licenses.
Caller tone, ringtone, and caller back ringtone (CRBT) is the third type of music license.
Playing music for commercial purposes requires a different category of music license. For example, voice recordings for advertising, videos, and even promotional videos come under this category.
Forms of Music License
- Public Performance License
This form of license is holded by a specific restaurant or hotel when they have singer that come and perform publically in their place. This is one of the most provided licenses by the specific licensing authority. Such licenses are provided only when music is played live by the artist through a particular concert. This form of license is considered if music is played through some form of juke box or live performance.
- Master License
In this form of license, the original producer of music allows the business to use some form of pre-recorded version of the music. This form of music is usually considered for any form of concert. However, re-recording the song is not allowed under this license. The original producer of the music is the license holder in this situation thus this licence is named as master licence.
- Mechanical License
Mechanical License is primarily used for commercial purposes. The original producer permits to business via reproducing its music in the form of audio visuals devices, live streaming devices, CDs, publications and other music applications. The original music producer enters in a contract or agreement which is in written form for licensing the music rights in against for a particular fee or royalty for each copy reproduced.
- Sync License
Usually this form of license is used for TV ads, commercials, movies and other forms of advertisements. In this form of license, the music which is already composed is synchronised with existing ads and broadcasting. All the companies that make commercials and utilise pre-produced music will require this form of license.
- Print Rights License
In this license, the music publisher permits the user to rearrange, print, display or reorganise the music sheets, lyrics or notes. It can only be granted by the Copyright Holder.
- Theatrical License
Theatrical license are very ordinary in the theatre industry, a specific form of written permission is granted to theatres. The License is required whenever a copyrighted work is played on stage in front of the audience.
Benefits of Music License
- Compliance with Law
When a Music License is acquired by the restaurants it shows up with the business compliances. Whereas when any establishment is not obtaining this license would be penalised under the Copyright Act.
- Public Performance
For the public performances at restaurants and pubs, the IPRS music license is compulsory to hold on. As organising public performances would attract more crowds and this leads to an increase in the reputation of the restaurant. Live performance increases the reputation of restaurants as compared to the pre-recorded music.
- Popularity
Through such license, the popularity of the artist gets increased by performing in the live shows as more public gets attracted towards such shows. Meanwhile the restaurant too gains popularity because of the crowd in the shows involved.
- Copyright Protection to Original Artist
As the artist’s original creation is protected by the copyright act thus there are no chances of fraud with it. And complying with the copyright act compliances would protect the original content from distribution and reproduction.
Registration Procedure For PPL Licenses In India
- The applicant requires to contact the head of the PPL which is located in Mumbai, for any type of radio broadcasting license.
- The applicant must submit the application for registration to the nearest liaison officer for music licenses, event licenses, etc anything of such nature.
Offices for obtaining PPL Licenses in India
- Head Office and Central Licensing Office – Mumbai
- North – New Delhi, Chandigarh, Lucknow, Udaipur, Jaipur, Agra, Shimla
- South – Bangalore, Hyderabad, Chennai, Cochin, Coimbatore, Chennai
- East – Kolkata, Siliguri, Bhubaneshwar
- West – Mumbai – Dadar, Goa, Pune, Ahmedabad
Documents Required to Obtaining Music License in India
- Personal details such as name and address of the applicant
- Details of the business for which license is needed
- A detailed list of types of music that will be played or used in the premises for which one is getting the license
- If you are into an LLP, then the certificate of incorporation is mandatorily required
- If it is a company, then the certificate of incorporation, MOA and AOA are required for getting the license
- PAN Card and Aadhar Card of the applicant
- GST Registration Certificate of the business which requires to get this license
- Utility Bills of the business which requires such business
Registration Procedure For IPRS Music License In India
1.Visit the Official Website
For Music License Registration in India, one has to visit the official licensing organisation website that is IPRS website and PPL website. IPRS grants license for public performances or live performance and PPL grants license for pre-recorded music.
2. Select the Category
After visiting the official website of required licensing organization, the applicant needs to choose the category of Music License as per the requirement.
3. Complete the Necessary Details
After selecting the category the applicant should create an online account on the website /portal of the organizations by providing necessary details such as the name, address & contact details, email id, and GST. After that online id will be created and insert password after providing the required credentials. The applicant needs to furnish the following details-
- Name of the Premises for which you want to take the license.
- Registered Address of the Premises where your business is set up.
- Information such as contact details and email of the owner of the premises or the applicant.
- Details of the Services which use the above mentioned license.
- Public Performance details are also required.
- GST Number, PAN and TAN Number of the applicant.
- Details related to the fee payable with the license allocated must also be provided to the applicant.
4. Needs to Read the Related General Terms And Conditions (Tariff)
After providing the details, the applicant needs to click on the tariff tab, which enlists the prices for all the music license services. The user who issues the music license shall pay the prescribed fee and government taxes provided in the tariff tab accordingly.
5. Online Verification
After submitting the online application, for the verification the applicant will be receiving an email and a SMS for OTP (one time password).
6. Online Payment
Once the verification is completed, the application should be ended by paying government fees online through payment gateways. The online receipt will be sent via SMS or Email.
7. Issues Certificate
After the successful registration, the licensing authorities will issue the Introduction Letter to the applicant that implies the applicant’s registration of Music License.
FAQs
What is difference between PPL and PRS?
PPL collects and distributes money on behalf of performers and record companies for the use of their recorded music, just to protect the copyrights of the copyright holder. PRS for Music collects and distributes money on behalf of songwriters, composers and music publishers, for the use of their musical compositions and lyrics which has been created by them and whose copyright is with them only.
Who needs a PPL Licence?
If you use, play or perform music in your business or organisation, the chances are you need a licence which has been discussed above in detail. This Licence from PPL allows you to play music for employees or customers in your business through the radio, TV, other digital devices and live performances legally without any violation of copyright of any person.