It is always refreshing to let your customers listen to some great music while relaxing with their family and friends. You make a variety of arrangements to entertain your customers by playing retro music or playing a popular rock band at your restaurant. However, you cannot run these programs without obtaining permission from the government. Therefore, you should obtain a MUSIC LICENSE if you own a restaurant or other food business and play music of any kind within your business premises.
Types Of MUSIC LICENSE
#1 Phonographic Performance Limited (PPL) gives you a music license if you play pre-recorded music on the premises of your food business. In addition, any of the following forms may be used to play previously recorded music at a restaurant.
Gramophone records
CD
Music Cassettes
Radio
TV set
Any Audiovisual media
#2 Indian Performing Rights Society (IPRS) – Alternatively, you need a license from the Indian Performing Rights Society (IPRS) if you are performing live performances, live bands, or concerts on your business premises.
#3 The Indian Singer Rights Association (ISRA) was launched in 2013, under Section 38 B of the Copyright Act and the purpose of ISRA is to regulate and regulate the performance of its artists and to share the profits collected among its singers.
Pre-requirements of obtaining a Music License
You need to submit these documents along with the application to get your music license –
Personal information, such as name, nationality, address, etc.
Information about the business you are starting.
However, in case your business is an LLP, you must submit an Import Certificate.
List of music to play.
GST registration certificate, if required.
PAN card.
Proof of address such as electricity bill, Driver’s License, Voting Identity Card, etc.
The music license fee from PPL is based on the following factors –
Type of place
Number of hours
Number of songs played
Area capacity
Type of food business
Music license fees
Additionally, if you are performing live shows in your business, you will need to apply for a music license from IPRS. The total cost of the license in that case is Rs. 10,000 per year in major cities, and non-Metro cities, is Rs. 5,000 per year. Depending on the stage of the event there are various tax plans available that can be run on the premises and a small amount of music playing at any store per 5000 sq. M. ft for Rs. 2500. When a music license is obtained from ISRA, license fees will be calculated for the minimum beverage price on the menu card below the minimum value of Rs 3,650 / – p.a.
If he fails to pay the license issued to the PPL, the person will be obliged to pay interest at 18% per year plus a fine of up to Rs 2 lakhs, while not paying for the IPRS-approved license. , a person must pay interest at 30% p.a.
Laws Associated with Music in India
In terms of Section 2 (p) of the Copyright Act, a music act means a work that incorporates music and includes any graphic description of that work but does not include any words and any action intended to be sung, spoken, or performed by music.
In terms of Section 2 (xx) of the Act, sound recording means the recording of sounds by which sounds can be produced regardless of the way those sounds are produced.
Recorded audio or music work includes a variety of rights granted to a recorded sound producer, songwriter, and composer. This makes it necessary to obtain permission from all right holders for audio recording. To serve as a single point of contact for licensing music owners, the Copyright Society concept was developed.The Copyright Society is a national community where music owners can come together and apply for a music license to play their music freely. The copyright organization must be registered under Section 33 (3) of the Copyright Act, to perform these functions. Registration of a Copyright Organization allows the public to issue a license to users of the record of their members under Section 30 of the Copyright Act and to charge and collect license fees for users of audio recordings.
Offenses & Penalties
Restaurants that play pre-recorded music or hold concerts of any kind must obtain a Music License. In addition, any organization or entity that does not register with the Copyright Organization or perform any activity described in Section 51 is liable to penalties under Sections 63 and 63 A of the Copyright Act (2).
In terms of section 63 of the Copyright Act, any person who infringes copyright or other rights is liable to a fine as follows –
Imprisonment of not less than six months which may be extended up to three years.
For a fee, not less than Rs 50,000 can be extended to 2 lakh rupees.
Also, under Section 63 A of the Copyright Act any person or organization that infringes copyright and any other rights and repeatedly infringes infringement must be punished as follows –
Imprisonment is not less than one year and can be extended to three years.
Also, for a fee, not less than One Lakh Rupees and can be extended to two Lakh Rupee.
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