Phonographic Performance Limited India [PPL] and Indian Performing Right Society [IPRS] License
In practice, music licensing is a term referred to in the Copyright Act as a “bundle of rights.” There are rights involving protection of both ‘works’ and rights involving ‘underlying rights.’ The Sound Recording right, for example, sound recording is the sole property of the owner . If a business plays copyrighted sound recordings for public consumption, it must obtain a music licence. In a sound recording, the music and lyrics are also communicated to the public and require a separate licence. The licence is not limited to India, you can use it worldwide
Every business that plays copyrighted music for both public and commercial consumption must get two separate music licences. One is for sound recordings, which may be purchased from organisations Phonographic Performance Limited India (PPL). The second licence is accessible only through the Indian Performing Right Society Limited and is for the underlying rights that are held by authors, composers, or publishers who are members of IPRS (IPRS).
Every institution is required to obtain these two licences, which are made available through a standardised process, as these are Public Performance rights.
These two are copyright societies registered under section 33 of the Copyright Act, 1957. Transfer of interest is basically called a license under the Copyright Act, 1957
Why is a Music License Important ?
The artist benefits from using this as a stage to demonstrate their abilities to a wider audience.
It contributes to the growth of music events’ popularity.
The copyright laws safeguards an artist’s work, so there is no danger of theft.
It makes it easier for a third party to subscribe or download using the name of an artist, making it a good source of income for them.
Additionally, artists have the right to perform their work live on television and at public events.
By obtaining this licence, the company is better able to adhere to all legal requirements.
Difference between IPRS & PPL
Indian Performing Right Society [IPRS]
Music publishers, lyricists, music owners, and composers are all members of IPRS limited. The purpose of IPRS is to obtain royalties from listeners of music protected by copyright on behalf of its members. After deducting the organization’s administrative costs, the royalty collected causes discontent among its members. The India Performing Right Societies was established on August 23, 1969, and is a limited by guarantee company and nonprofit organisation under the Companies Act 2013.
IPRS is authorised to grant a licence for musical and literary works under Section 33 of the Copyright Act of 1957[1]. IPRS must register as a copyright holder in order to demonstrate legal ownership of the copyright.
Phonographic Performance Limited India [PPL]
The PPL licensee is permitted to play music from the PPL collection or legally registered music that is commercially related. One is not necessary to obtain a licence if the music is not within PPL’s purview.
The Copyright Societies that issue music licences in India are IPRS and PPL. Both of these organisations have simplified the process of issuing music licences. A music licence allows the creator of the song to monitor how their creation is being used.
To play music in a bar or restaurant, one must register with Phonographic Performance Limited (PPL), however to utilise lyrics or musical chords during a band performance or concert, one must register with the Indian Performing Rights Society (IPRS).
How to apply for IPRS & PPL?
Phonographic Performance Limited India [PPL]
Submit a completed application along with the required fees in the format specified along with PPL.
The applicant must get in touch with and submit the application to PPL’s head office in Mumbai for any type of radio broadcasting licence.
The applicant must file an application at the closest liaison or facilitation office for any other type of licence, such as a background music licence, an event licence, etc.
Indian Performing Right Society [IPRS]
Selecting the category or type for the music license—that is, the kind in which the applicant wishes to obtain his music license—starts the process for obtaining one.
On the IPR’s official website, you can create an account online. Choose the licence type first, and then fill out the relevant information, including the applicant’s name, address, and contact information, as well as their email address, GST number, password, and user ID.
After that, the applicant gets a mobile OTP for verification.
The online application is then finished after the government fees have been paid. This payment is made possible through online payment gateways, and then an email or SMS with the online receipt is provided. This way you will be successfully registered
Documents Required
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, Aadhar card
Payment for IPRS & PPL
The Phonographic Performance Limited (PPL) licencing fee is determined by a number of variables, including;
Place type
Songs played, hours played, and songs played
Room capacity
Type of business
A licence from the Indian Performing Right Society Limited (IPRS) is necessary if your company hosts live performances. In general, the licence price is Rs. 1.50 per square foot of your building, and the minimum royalty under their tariff is INR 50,000, among other things.
FAQ’s
Qus . What Music license comes under IPRS?
Ans –
Music license for Public Performance in malls, events premises, pubs, multiplex, banquets, hotels etc
License for broadcasting music on Radio and television
License for music streaming on the internet
License for Caller Ring Back Tone or Ringtone
License for using music for advertisement, commercial TV etc.
Qus. What music license comes under PPL?
Ans.-
License for Private FM radio, Government-owned Radio station or even community Radio.
License to play pre-recorded music as background sound in public places.
License to play music at a public event such as DJ parties, fashion shows etc
License for storing music, transfer of sound recording on computer server by aggregators.
Qus. What is the procedure of renewal of IPRS & PPL
Ans. The Copyright Act, 1957, acts as the Governing Law for the Music License and Any Registered Society (U/Sec.33 (3) of the Copyright (Amendment) Act 2012) is supposed to renew their registration every 5 years
Qus. Is PPL legal in India?
Ans. The concept of PPL (Public Performance License) was developed under the Copyright Act, 1957. As per this act, the owner must obtain Performance License; Entertainment License, and PPL License, if he/she wants to play music, drums, pre-recording songs or music in an open area.
What is the punishment for the offender?
Ans. Punishments according to Section 63 are as below where any person infringes the copyrights or other rights and are repetitive offender;
Imprisonment for a period of not less than 1 year which may extend to 3 years and
Fine not less than INR 1,00,000 and which may extend to INR 2, 00,000.