Overview of Music License

Any individual or business entity does not have the authority to play music in public places for commercial purposes without obtaining a music license. The Copyright Act, 1957, mandates that cafes, restaurants, hotels, pubs, and bars, among others, must obtain a music license to play music on their premises. Two primary organizations, PPL (Phonographic Performance Limited) and IPRS (Indian Performing Right Society), issue these music licenses in India.

A music license is a process of obtaining permission for the approval, validation, and protection of musical works. Section 2(p) of the Act defines a musical work as a composition consisting of music, including graphical representations, but excluding any words or acts intended to be spoken, sung, or performed alongside music.

• PPL (Phonographic Performance Limited): Issues music licenses to restaurants and cafes playing music on their premises.
• IPRS (Indian Performing Right Society): Issues licenses for live performances, such as concerts or singers performing on premises.

Various commercial entities, such as hotels, restaurants, malls, cinemas, events, sports events, product launches, and other places where music is played, must secure a music license to avoid legal repercussions. A music license can be used for:

• Public performances in theaters, hotels, events, malls, pubs, and banquets.
• Band performances.
• Broadcasting music on television and radio.
• Interactive and non-interactive streaming of music on the internet.
• Caller ring tunes.
• Singers performing at hotels, pubs, or clubs.
• Using music in TV or radio advertisements.

Music licenses provide artists with royalties for their work by granting permission to others who wish to use their music. There are six types of licenses: synchronization license, master license, mechanical license, print rights license, public performance license, and theatrical license.

Requirements for Obtaining a Music License
To obtain a music license for a restaurant or store, the following factors are essential:

• The audible range of the music.
• The area where the music is audible (in square meters).
• The number of seats in the establishment.
• The type of area where the music will be played (e.g., dining area, restrooms, bars, kitchens).
• The type of device used for playing music (e.g., radio, CDs, TV).

Leading Organizations Providing Music Licenses
Two main organizations issue music licenses in India:

• PPL (Phonographic Performance Limited): Grants licenses for playing pre-recorded music at restaurants, cafes, and radio stations, as well as for public and private commercials.
• IPRS (Indian Performing Right Society): Grants licenses for live performances and other commercial activities involving music.

Phonographic Performance Limited (PPL)
PPL issues music licenses to businesses such as restaurants and cafes that wish to play pre-recorded music. These licenses are also granted to private FM stations, government-owned radio stations, and community radio stations. Additionally, licenses are granted for organizing events, shows, concerts, and parties.

For Performing Live Music
If an entity intends to have live music performances, such as singers or concerts, they must approach IPRS to obtain the necessary music license.

Conclusion
A music license is mandatory for any establishment or entity wishing to play music publicly for commercial purposes. Whether it is for pre-recorded music or live performances, obtaining the proper license ensures legal compliance and fair compensation for artists.

Types of Music License

The following are the types of music licenses:

1. Sync License
   This license allows music that has already been created to be synchronized with visual media. It is commonly used by TV commercials, advertising agencies, film studios, and other media professionals who want to pair music with visuals.

2. Mechanical License
   This license is necessary for distributing an artist's creation to the public in forms like CDs, online platforms, or any other distribution methods. The copyright holder receives payment for allowing the reproduction and distribution of their work. A mechanical license is also required for any modification of the original work, such as remixing, adding lyrics, or changing any part of the composition.

3. Master License
   A master license is issued in conjunction with a sync license. It grants the holder the right to use the pre-recorded version of a song in any audio-visual project but does not permit the re-recording of the song.

4. Public Performance License
   This is one of the most common types of licenses and is required for broadcasting or publicly performing an artist's copyrighted work. It is often obtained by businesses that play music in public spaces, such as jukeboxes, concerts, or events.

5. Print Rights License
   A print rights license is necessary when someone wants to reproduce sheet music or create a compilation of sheet music from a copyrighted work. It applies when physical copies of sheet music are printed or reproduced.

6. Theatrical License
   A theatrical license is specific to the theater industry. It is required when a copyrighted work is performed on stage in front of an audience. This license grants permission for the public performance of the work in a live setting.

These licenses ensure that creators and copyright holders are compensated for the use of their work in various mediums and contexts.

Benefits of Music License
The following are the benefits of obtaining a music license in India:

1. Compliance With Authorities
   A music license ensures that the business complies with legal requirements. Any restaurant or establishment playing music without a license could face penalties or fines imposed by the Government of India.

2. Amplify The Reputation
   By acquiring an IPRS music license, restaurants and pubs can legally host public performances. This not only attracts more customers but also boosts the establishment's reputation. Live performances, as opposed to just pre-recorded music, significantly increase public interest and engagement.

3. Increase Popularity
   A music license can help boost the popularity of a restaurant or venue. Live performances, in particular, attract a larger audience, and the artist’s popularity grows with such events. This contributes to both the establishment's and the artist’s visibility.

4. Copyright Protection to Original Artist
   Under the Copyright Act of 1957, all original works are automatically protected. By adhering to the requirements of a music license, businesses ensure that the music they use is protected from unauthorized reproduction and distribution, thereby supporting and protecting the rights of the original artists.

Documents Required to Obtain a Music License

1. Personal details such as name and address
2. Details of the business
3. A detailed list of types of music that will be played or used
4. If the business is an LLP, the certificate of incorporation; if it's a company, the certificate of incorporation, MOA, and AOA
5. PAN Card and Aadhar Card
6. GST registration certificate
7. Utility Bills

Registration Procedure to Get Music License in India

Following are the steps for the registration process for obtaining a music license:

1. Visit The Official Website
   The applicant for a music license registration in India must visit the official website. This will be IPRS for any form of live or public performances or PPL for the use of pre-recorded music.

   • IPRS website: https://www.iprs.org/
   • PPL website: https://www.pplindia.org/

2. Select Category
   After visiting the official website of the relevant licensing organization, the applicant must select the category of music license according to their requirement.

3. Complete the Necessary Details
   The applicant should create an online account on the portal of these organizations by providing necessary details such as name, address, contact details, email ID, and GST. Create an online ID and password after providing the required credentials.

   For applications related to 'Music Works and Accompanying Literary Works within the premises,' the following details need to be provided:

   • Name of the premises
   • Registered address of the premises
   • Contact details and email
   • Details of the services that will use the music license
   • Public performance details
   • GST Number, PAN, and TAN Number
   • Details related to the fee payable for the license

4. Read the General Terms and Conditions (Tariff)
   The applicant must review the tariff tab to find the prices for each music license service. The user with the license will be required to pay the prescribed fee and applicable government taxes.

5. Online Verification
   After submitting the application online, the applicant will receive an email and SMS along with an OTP (One Time Password) for verification purposes.

6. Online Payment
   After successful verification, the applicant must complete the process by making the required payment through online payment gateways. The online receipt will be sent via SMS or Email.

7. Issue Certificate
   After successful registration, the licensing authorities will issue an Introduction Letter to the applicant, confirming the applicant's registration.

Fastzeal Assistance in Obtaining Music License

1. Purchase a plan for expert assistance
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3. Provide documents to Fastzeal expert
4. Prepare application for music license
5. Complete all admissibility criteria for preliminary screening
6. Complete procedural actions
7. Get your music license at your doorstep