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Requirements for Obtaining a Music License

To obtain a music license for your restaurant/store, you require to look into the fundamentals are requirements of the license before applying for it, which are as given below: -

• The audible range of music
• The area up to which the music is audible (in square meters)
• The number of seats in your restaurant
• The type of area where the music will be played and listened to, such as the dining area, restrooms, bars, kitchens, etc.
• The type of device will be used for playing music such as radio, CDs, TV, etc.

Leading Organizations that Provide Music License

PPL (Phonographic Performance Limited) & IPRS (The Indian Performing Right Societies Ltd) are two leading organizations that issue Music License in India. Playing music at any public places for any commercial purpose cannot be done without obtaining a music license.

Phonographic Performance Limited

Copyright Society for Sound Recording, Phonographic Performance Limited (PPL), approves music licenses to businesses such as restaurants & cafes who want to play pre-recorded music on their premises.

These Licenses are granted to any Private FM, Govt-owned Radio Station/or even Community Radio Station. This license is to play pre-recorded music as background music in private or public commercials. This license, along with other appropriate licenses, can make someone capable of organizing any event, show, concert, DJ parties, etc., in India.

For Performing Live Music

In case an entity is seeking to have singers in their commercial premises for the live singing/live concert, then that entity has to approach IPRS (Indian Performing Rights Society) for the music license.

Music License for Public Performances in hotels, theatres, events premises, pubs, malls, banquets, etc. License for giving out music on television & radio. Music license for interactive & non-interactive music on the internet. The license in India for Caller Ring Back Tone (CRBT) or Ringtone. Music license for the use of sounds/music on an advertisement, commercial TV, etc.

Types of Music License

Following are the types of music licenses:

• Sync License

  Under this type, music already created is synced with some visual media. A broad range of users, such as TV commercials, advertising agencies, film studios, etc., holds music licenses.

• Mechanical License

  This license aims to make artists' creations available to the general public in CDs, online published music, or any other form of distribution.

  The artist having copyrights of their work is paid for the agreement they signed to allow the distribution or re-creation of their original work. A mechanical license is needed even for making a slight change in original components such as remixing, adding own lyrics, changing anything of the original composition, etc.

• Master License

  The Master license is issued with the sync license. This license allows the holder of such license to use the pre-recorded version of the song in any audio-visual project but doesn't allow re-recording the song.

• Public Performance License

  This license is the most common form of a license issued for broadcasting an artist's copyrighted work. This license is obtained by the businesses playing music in their jukebox or in public-performance such as concerts.

• Print Rights License

  This license indicates the physical copy of the sheet music that an artist has produced. It's required when someone prints the sheet music compilation or any time the sheet music of copyrighted work is reproduced.

• Theatrical License

  Theatrical licenses are very ordinary in the theatre industry, a specific form of written permission. The license is obligatory whenever a copyrighted work is executed on stage in front of the audience.

Benefits of Music License

The followings are the benefits of obtaining a music license in India:

Compliance With Authorities

The music license ensures that the business entity maintains compliance. Any restaurant not having a music license would be charged or fined by the Government of India.

Amplify The Reputation

By getting the IPRS music license, public performances can happen at restaurants & pubs; this will straightforwardly attract more crowds & amplify the reputation of the restaurant. All sorts of live performances enhance the public's interest, unlike a restaurant with pre-recorded music.

Increase Popularity

The popularity of such restaurants increases by obtaining a music license. The public would be more attracted to live show in case of live performances. The artist's popularity will also increase with the number of such events.

Copyright Protection to Original Artist

Under the Copyrights Act, 1957, all original works are automatically protected as per the act. Hence complying with the requirements of the music license would protect the music from reproduction and distribution.

Registration Procedure to get Music License in India

The followings are the steps of the registration process for obtaining a music license:

Visit The Official Website

The applicant for music license registration in India has to visit the official website. This will be the IPRS for any form of live or public performances or PPL for the use of pre-recorded music. The official website is at the following link: www.iprs.org and PPL www.pplindia.org.

Select Category

After visiting the official website of such licensing organization, the applicant needs to select the category of music license as per the requirement.

Complete The Necessary Details

The applicant should then create an online account on the website /portal of these organizations by giving necessary details such as the name, address & contact details, email id, and GST. Create an online id and password after providing the required credentials.

If the applicant is applying for 'Music Works and Accompanying Literary Works within the premises, then the details must be provided in compliance with the laws. The following information has to be provided by the applicant: -

• Name of the Premises.
• Registered Address of the Premises.
• Information such as contact details and email.
• Details of the Services which use the music license.
• Public Performance details.
• GST Number, PAN and TAN Number.
• Details related to the fee payable with the license allocated must also be provided.

Read The General Terms and Conditions (Tariff)

For the information related to payment, the applicant has to go to the Tariff tab, which is the price for every music license service. Any user with such a license has to pay the prescribed fee and government taxes.

Online Verification

After properly submitting the application online, the applicant will receive an email and an SMS and the OTP (One Time Password) for verification purposes.

Online Payment

Once the verification is done, the application should be completed by paying government fees online through payment gateways. The online receipt will be sent through SMS or Email.

Issues Certificate

After the successful registration, the licensing authorities will issue the Introduction Letter to an applicant that implies the applicant's registration.

Fees Applicable for Music License

The Music License identifies the conditions of use, the time period of license and the rate of royalty that will be offered to the owners of the copyright. The copyright society accumulates fees for music licenses and gives them over to the owners of copyrights. The fees for a music license obtained depending on the following factors: -

• The type of place or premise where the music is being played.
• The number of hours the restaurant/store stream the music.
• The number of songs played at the restaurant/store.
• The capacity of the area where the music is being played.
• The type of business the applicant is occupied.

However, where a music license is received from IPRS for steaming a live performance at your restaurant/store, a music license's fees (/royalty rates) are Rs. 10k per annum for Metro/Major cities and Rs. 5k per annum for the non-Metro cities.

A variety of tariff schemes there depend on the type of events carried on at the restaurant/store; the minimum royalty fee for the public performance of music at stores is Rs. 2500 per 5k sq. ft. While, for the music license attained from ISRA, the Royalty/license fees would be designed to a minimum of Rs 3,650/- Per annum.

Penalty Available for the Offenders

Upon failure to make payment for the music license granted by PPL, the applicant will be eligible to pay an interest of 18% per annum with a penal charge up to Rs 2 lacs, whereas, for the non-payment for the music license granted by IPRS, the applicant shall be eligible for an interest rate of 30 % per annum.

Section 63 of the Copyright Act says that any individual who breaches the copyright or other rights is accountable for: -

• Imprisonment for six months which may extend to three years, and
• The offender is liable to pay a fine of not less than fifty thousand rupees which may extend to two lakh rupees

As per Section 63, any individual who infringes the copyright or other rights is accountable for: -

• Imprisonment for a period not less than one year, which may extend to three years, and
• With a fine, not less than one lakh rupees may extend to two lakh rupees.

CorpBiz Assistance in obtaining Music License

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