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Music License

Music License is one of the ways for an artist to make money from their music. Cafes, restaurants, hotels, pubs, or bars cannot play music without holding music license.

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Overview of Music License

Business units do not have the authority to play music in the public places for any commercial purpose without acquiring music license. Copyright Act, 1957 made it mandatory for all the cafes, restaurants, hotels, pubs, bars, that play pre-recorded music in their premises, to obtain music license.

Music License is a procedure of taking permission for approval, validation & protection of musical work. u/s 2 (p) of Copyright Act, 1957 defines the ‘musical work’ as ‘a work consisting of music & includes any graphical information of such work but does not comprise any words or any act intended to be spoken, sung, or performed with music’.

Copyright Society for Sound Recording which is “Phonographic Performance Limited” {PPL} issues music license to the restaurants and cafes who wanted to play music in their premises. In case, any business unit is willing to have singers in their premises for the singing or live concert purpose then business have to approach “Indian Performing Rights Society” (IPRS) for the license.

What are the Various Purposes of Music Licenses that Someone Can Use?

Music licenses are the most important way artists can get royalties for their music, by providing legal permission to someone who’d like to utilize their work. In common, there are 6 types of licenses that somebody can use for a range of purposes. They are: synchronization license, master license, mechanical license, print rights license, public performance license, and theatrical license.

The application of original works can array from ‘sheet music reproduction’ to ‘theater productions’ all the way to jukeboxes & major motion pictures. Because copyrighted objects needs written permission from the said author to be used, people looking to use the work have to get a music license.

In common, if you’re using a song (which is not yours) for something that other people will listen, you need a music license to utilize it. This license will comprise the usage & term rights, which will conclude how the song will be used.

Who can obtain a Music License in India?

Any business who wants to play pre-recorded music in their premises should acquire music license to avoid any forfeit. Business unit can be a hotel, restaurant, pubs, events, malls, cinema halls, sports events, product launch, aircrafts or any other place where music is played. Business personnel need music license if they are involved in the following activities:-

  • Music License for Public Performances in multiplex, hotels, events premises, malls, pubs, banquets, etc.
  • Music license for band performances, broadcasting music on television and radio.
  • Music license for interactive and non-interactive music streaming on the internet.
  • Music license for caller ring back tune
  • Music license for Singers performing at your business, the use of sounds or music on commercial TV, advertisement, etc.

What are the Leading Organizations that Provide Music License?

PPL (Phonographic Performance Limited) & IPRS (The Indian Performing Right Societies Ltd) are 2 leading organizations that offer Music License in India. Playing music in public spaces for any commercial reason, it is obligatory for all to obtain music license.

For Playing Pre-recorded Music

Copyright Society for Sound Recording which is ‘Phonographic Performance Limited’ (PPL) approves music license to business such as restaurants & cafes who want to play music in their commercial premises.

  • Radio License for Private FM, Govt-owned Radio Station/even Community Radio Station
  • It also includes License to play pre-recorded music as background music in commercial-public. With only this license one is unable to organize any kind of event, show, & concert dance shows etc. In addition, for such performances, you need a different license.
  • License to play music at a public events such as shows, promotion event, fashion shows, DJ parties etc
  • License for temporary storage space, embodiment/transfer of sound recordings. Storage such as storing songs on their DJ system/for transmission/storage on computer servers by the aggregators.

For Performing Live Music

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

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

Music License

What are the Types of Music License?

Following types of music license are allotted to the artist for their creations:-

  • 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 license.

  • Mechanical License

    The purpose of this license is to make artist’s creation available to the general public in the creation of CDs, publication of music online or any other form of distribution.

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

  • Master License

    The Master license is complex than other licenses and is issued in conjunction with sync license. This license allows the holder of such license to use the pre-recorded version of the song in any audiovisual 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 any kind of public-performance such as concerts.

  • Print Rights License

    This license indicates to the physical copy of the sheet-music that an artist has produced. It’s required when someone prints the sheet music compilation, /any time the sheet music of copyrighted work is re-produced.

  • Theatrical License

    Theatrical licenses are very ordinary in the theater industry which is a very specific form of written permission. The license is obligatory any time a copyrighted work is executed on-stage in front of the audience.

What are the Benefits of Music License?

The following benefits can be benefited from by getting a music license in India:-

  • Compliance with Authorities

    Getting a music license for will ensure that the company/entity to maintains compliance. In addition to that, any establishment/restaurant not securing a music license would be charged/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 crowd & amplify the reputation of the restaurant. All sorts of Live performances are meant to amplify the reputation of public, when contrasted to a restaurant that has the pre-recorded music.

  • Increase Popularity

    The popularity of the restaurant can increase by getting such license. The public would be more attracted to live shows in case of live performance. The popularity of the artist will augment from end to end 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.

What are the Documents Required to get Music License?

  • Personal details such as name, address, nationality
  • Details regarding the business
  • Detailed list of music type that you will play
  • If you are into an LLP business then it is necessary for you to submit certificate of incorporation
  • PAN Card
  • GST registration certificate
  • Address Proof such as Electricity bill, driver’s license, voter ID card

What are the 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 bellow:-

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

What are the Registration Procedure to get Music License in India?

  • 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 performance license. However, the IPRS also provides music licenses based on the requirements of the business.

    This will include license provided for music streaming, OTT platforms, businesses, restaurants, 5-star hotels and other forms of establishments. The official website is present in the following link https://www.iprs.org/ . Apart from this the applicant can also visit the official website of the PPL https://www.pplindia.org/

  • Select Category

    Start the procedure to get a music license by selecting the category or type for the music license, i.e., in which type an applicant wants to get his music license.

  • Complete the Necessary Details

    The creation of an account is done online on the official website of IPR. Start with selecting the type of license and then complete the necessary details such as the name of applicant, address & contact details of an applicant, Email-id, GST, password, and user-id for login 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 details have to be provided by the applicant:-

    1. Name of the Premises.

    2. Registered Address of the Premises.

    3. Information such as contact details and email.

    4. Details of the Services which utilize the music license.

    5. Public Performance details.

    6. GST Number, PAN and TAN Number.

    7. Details related to the fee payable with the license allocated must be also 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 pertaining to such license has to pay the prescribed fee along with the government taxes.

  • Online Verification

    After filling the details, the application can be submitted. Application can be submitted online, through the online portal system. Once this process is complete, the applicant would receive an email and an SMS along with the OTP (One Time Password).

  • Online Payment

    Once the verification is done, online application is completed by payment of government fees online through payment gateways after which the online receipt will be sent through SMS or E-mail.

  • Issues Certificate

    After the successful registration, the IPRS license issue the Introduction Letter to an applicant that implies the registration of the applicant with the IPRS database.

What are the 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 of music license and gives it over among the owners of copyrights. The amount of fees of a music license obtained depends on the following factors:-

  • The type of place wherever the music is being played,
  • The no. of hours the restaurant/store streams the music,
  • The no. of songs played at the restaurant/store,
  • The capacity of the area where the music is being played,
  • The type of business you are occupied in.

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

A variety of tariff schemes are accessible depending on the type of events carried on at your 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/- P/A.

If you be unsuccessful to make payment for the music license granted by PPL, you will be legally responsible to pay an interest of 18% P/A with a penal charge up to Rs 2 lacs, whereas, for the non-payment for the music license granted by IPRS, you will be legally responsible for an interest rate of 30 % P/A.

What are the Penalty Available for the Offenders?

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

  • Detention for a period of not less than six months which may extend upto three years and
  • 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:-

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

CorpBiz Procedure for Music License

Kindly utilize the steps given above to integrate legally and securely a Music License and get the benefits in the form of better-quality musical shows in your business place. Our CorpBiz experts will be at your disposal for assisting you with guidance concerning Music License and its compliance for the smooth functioning of your business in India. CorpBiz professionals will assist you in planning seamlessly at the least cost, confirming the successful conclusion of the process.

It is advisable that an attorney with “Licensing experience” must be appointed to overwhelm many of the potential pitfalls that creep around within Music License and to understand the requirement in detail. The elementary information would be mandatory from your end to start the process. The Attorney will begin working on your request once all the information is provided, and the payment is received.

Why CorpBiz?

CorpBiz is one of the platforms which coordinate to fulfil all your legal and financial requirements and connect you to consistent professionals. Yes, our clients are pleased with our legal service! Because of our focus on simplifying legal requirements, they have consistently regarded us highly and providing regular updates.

Our clients can also track at all times the progress on our platform. If you have any questions about the Music License process, our experienced representatives are just a phone call away. CorpBiz will ensure that your communication with professionals is charming and seamless.

  • Purchase a Plan for Expert Assistance
  • Add Queries Regarding Music License
  • Provide Documents to Corpbiz Expert
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Frequently Asked Questions

IPRS stands for Indian performing Right Societies which is an organization that governs the copyrighted work of an artist by giving them royalties to use their creations. IPRS members are given fees received from IPRS customers after deducting the administrative cost. The company is administered by the Council of Directors elected at its General Meeting.

If there should arise an occurrence of a song, you get copyright the moment you form it. Notwithstanding, getting a copyright registration becomes important in light of the fact that the sort of music industry India has. Your song might be duplicated by anybody to make another tune. So you have to document a copyright application with the Registrar of Copyrights.

The idea of Public Performance License developed under the Copyright Act, 1957. Under the act, the government makes it compulsory to acquire performance license, entertainment license, and a PPL License if there should arise an occurrence of playing drums, music, recorded sounds recordings in an open zone.

  • Compliance with Authorities
  • Amplify the Reputation
  • Increase Popularity
  • Copyright Protection to Original Artist
  • Music License for Public Performances in multiplex, hotels, events premises, malls, pubs, banquets, etc.
  • Music license for broadcasting music on television and radio.
  • Music license for interactive and non-interactive music streaming on the internet.
  • Music license for caller ring back tune
  • Music license for the use of sounds or music on commercial TV, advertisement, etc.
  • Sync License
  • Mechanical License
  • Master License
  • Public Performance License
  • Detention for a period of not less than six months which may extend upto three years and
  • Offender is liable to pay a fine of not less than fifty thousand rupees which may extend to two lakh rupees

Any business who wants to play pre-recorded music in their premises should acquire music license to avoid any forfeit. Business unit can be a hotel, restaurant, pubs, events, malls, cinema halls, sports events, product launch, aircrafts or any other place where music is played.

  • Personal details such as name, address, nationality
  • Details regarding the business
  • Detailed list of music type that you will play
  • If you are into an LLP business then it is necessary for you to submit certificate of incorporation
  • PAN Card
  • GST registration certificate
  • Address Proof such as Electricity bill, driver’s license, voter ID

Theatrical licenses are very ordinary in the theater industry which is a very specific form of written permission. The license is obligatory any time a copyrighted work is executed on-stage in front of the audience

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