For playing music in any coffee shops, restaurant, pubs, bars, hotels or any other commercial place, the owner is required to have a music license. Music license helps the original content creator gets his/her recognition and to get paid for their composition.
Music license is just not necessary for the pubs, bars, etc. but for the advertising agencies, videos games, TV commercials, filmmakers as most of them use pre-recorded versions of songs synced with some other or their creation audio-visually. It also gives original content creator a set of rights like public performance in live concerts, distribution of their work in paid agreements and protects their work from getting copied or stolen.
Overview of Music License
Music playing in public places for any useful purpose by any business enterprise is not permitted without obtaining a music license. Under Copyright Act, 1957 it is compulsory for all the coffee shop, restaurants, hotels, pubs, bars to obtain a music license for playing pre-recorded music.
Types of Music License
Phonographic Performance Limited (PPL) is a copyright Society for Sound Recording which grants music license to bars, restaurants, and coffee shops who are playing pre-recorded music.
Indian Performing Rights Society (IPRS) issues a license to the businesses who want to have live concerts or singers for singing in their premises.
The purpose of this music license is to give the original content creator credit for his/her heart winning composition and protection of their rights.
Who can acquire a music license?
Commercial units like pubs, restaurants, coffee shops, hotel, malls, sports events, cinema hall, merchandise launch, aeroplanes, or any other business unit need to obtain music license before playing any pre-recorded music in their premises to avoid any kind of forfeit.
Business enterprises who need Indian performing rights society license if they are conducting the following activities:
Band performances
Public performances
Singers performing at business premises
Advantages of music license
Music license helps the artist to use any kind of platform to show the whole world their talent.
Music license helps a particular song of an artist to get recognition around the world and gain popularity.
Copyrights protect the rights of the original content creator by reducing the chances of someone stealing music or copying the song.
Earning of an artist is increased by music license as it increases their number of downloads, sale of original copies, views, and subscription.
Artist relishes the right of presenting their work in a broadcasting event or concerts.
Necessary documents to acquire a Music License
Name, address, nationality and other personal details
Business details
A thorough list of the genre that will be played
For LLP business it is necessary to submit a certificate of incorporation
PAN card
Registration certificate of GST
Address proof
Types of Music License
Artist is allotted following kind of music license for their creation:
Sync License
Sync license is provided to a wide range of users like an advertising agency, TV commercials, film studios, etc. the music which will be played under this license will be synced with some visual effects or media.
Mechanical license
The mechanical license helps the artists to make their creation available for the general public in the form of publication, CDs, or distributed in any other form, the artist has copyrights for their production and are paid for the agreement for distribution of their original work. Even for changing a small portion of the original creation like remixing, adding other songs or original lyrics, changing original composition mechanical license is required.
License for Public Performance
Public performance license is the most common license among all. It is necessary for broadcasting any copyrighted work of an artist, mainly acquired by the commercial units which play copyrighted music in their concerts in their jukebox.
Master License
Most complex license among all other licenses and is allotted in combination with sync license. Master license permits the use of the pre-recorded form of the song in any audio-visual project, but it does not give commercial unit any permission to re-record the original creation.
Categories of Music License
Music License for Public Performances in movie theatre complex, hotels, events premises, malls, pubs, banquets, etc.
Music license for broadcasting music on television and radio.
Music license for communicating 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.
How to get a Music License in India?
The first step for an applicant is to select the genre of music in which he/she wants to get a music license.
On the official website of Intellectual Property Rights, an online account is created. The applicant then starts by selecting what kind of license is required to him/her after that applicant have to fill all the necessary detail like name, address & contact details, Email-id, GST, password, and user-id for login.
Online verification of the above detail given will be done through mobile OTP verification.
After verification is done through mobile OTP verification online application is submitted by the applicant after payment of administration fees through online payment gateways. Online receipt for the payment will be provided through email or SMS to applicant.
IPRS license issues Introduction Letter After the successful registration to an applicant. This introduction letter completes the filing with the IPRS database.
What is the Penalty for the Offender?
Under section 63 of the Copyright Act any individual who breaches any copyright law or other rights is liable for
Imprisonment for a period of six months which may be extended by the court upto three years and
A fine of fifty thousand which may be extended by the court to two lakh rupees paid by the offender.
Under Section 63 A of the copyright act any individual who breaches any copyright law or other rights is liable for
Imprisonment for a period of one year which may be extended by the court to three years and
A fine of one lakh rupees which may be extended by the court to two lakh rupees paid by the offender