MUSIC LICENSES REQUIRED TO PLAY MUSIC IN RESTAURANTS OR CAFES

INTRODUCTION 

Do you prefer going out for lunch or dinner in a restaurant that plays your favorite music? Have  you ever wondered that these cafes, pubs, or restaurants don’t have permission to play music  without acquiring due license and authorization? If they play music without getting permission, it  is a grave violation of the Copyright Act and the rights of music composers, singers, lyricists,  music producers, and every artist involved in producing that particular sound recording.  

The owner of the sound recording has exclusive rights granted by the Copyright Act to prevent  others from using, exploiting, or commercially playing that record of the song. When restaurants  play music, it comes under “public performance”, the right of which belongs to the owner of the  sound recording. Therefore, if any music is played without taking a license from the copyright  holder, it amounts to copyright infringement. Let me walk you through the concept of a music  license and ways to obtain it in India. 

UNDERSTANDING THE LAWS ASSOCIATED WITH MUSIC IN INDIA 

According to Section 2(p) of the Copyright Act, 1957 musical work means, “a work consisting  of music and includes any graphical notation of such work but does not include any words or  any action intended to be sung, spoken or performed with the music” 

Section 2(xx) clearly defines sound recording as, “a recording of sounds from which such  sounds may be produced regardless of the medium on which such recording is made or the  method by which the sounds are produced” 

A music work and sound recording once created have various rights which are given to the  lyricist, music composer, and music producer. Therefore, it becomes mandatory to obtain a  license from all the owners of rights in the sound recording. 

To make this process seamless, Copyright Societies were formed as they act as a single point of  contact between the copyright owners and individuals or organizations who wish to acquire  copyright licenses. 

COPYRIGHT SOCIETIES 

The main crux behind establishing copyright societies is to provide a platform for owners to join  the national society. It is a registered combined administration society for the protection and  management of copyright works by authors and other owners of such works. All the Copyright  Society are authorized to grant or issue licenses concerning any work in which copyright is  present or in respect of any other right given by the Copyright Act, 1957. 

As per the website of the Copyright Office of India, there are various copyright societies in India  like: 

i) The Indian Performing Right Society Limited (IPRS) - Musical works 

ii) Phonographic Performance Limited (PPL) - Sound Recording 

iii) Indian Reprographic Rights Organization (IRRO) - Photocopying Work iv) Indian Singers Rights Association (ISRA) - Performers ( Singers) Rights. 

TYPES OF MUSIC LICENSE 

These Licenses are an important source for receiving royalties for the artists for their music, by  providing legal consent to someone who’d like to use their work. 

According to (IPRS) The Indian Performing Rights Society Limited, there are various licenses in  India: 

-For Public Performance 

-Events performance at premises 

-Multiplex, It Parks, Shopping Malls 

-Disco and Pubs 

-Auditorium and Banquet Halls, etc. 

-For Television and Radio 

-Radio Broadcast 

-Satellite Television 

-For Streaming/ OTT 

-Sound Recording on Electronic Digital Medium 

-Music streaming services on the Internet 

-Karaoke service on the Internet  

-For Caller Ring Back Tone/ Ringtone 

-Music as ringtone, or caller back tone. 

MUSIC LICENSE IS ISSUED BY WHOM? 

These licenses can be issued either by a registered Copyright Society or by the Indian  Performing Rights Society in India. 

1. License for play pre-recorded music at the premises of food business and other  restaurants are issued by Phonographic Performance Limited (PPL) 

2. On the other hand, a license is required for live performances from singers, live bands, or  concerts for all these Indian Performing Rights Society (IPRS) grants the license. 

IMPORTANT DOCUMENTS FOR APPLICATION OF MUSIC LICENSE 

One need to submit various documents with the application to procure a music license such as: - Individual details like- name, nationality, address, etc. 

- Business Information 

- In the case of LLP, then Certificate of Incorporation 

- List of music 

- GST registration certificate 

- PAN Card 

- Address Proof, etc. 

PENALTIES FOR USING MUSIC WITHOUT PROPER LICENSE 

Those who use music without proper licenses in their premises or outlets or do any activity  defined under Section 51 will be punishable according to Section 63 and 63A of the Copyright  Act. 

Section 63 - Imprisonment for a period not less than six months which may be extended to three  years or with a fine, which is not less than Fifty Thousand Rupees which can be extended to two  lakh rupees. 

Section 63 A - (Repetitive lawbreaker) Imprisonment for not less than one year and which may  be extended to three years or with fine, which not less than one lakh rupees and can be extended  to two lakh rupees.  

CONCLUSION 

If someone is thinking of starting a new restaurant, or pub and would like to enhance the outlook  and ambiance of the place by giving a touch of music in it, then one should apply for a music  license. 

REFERENCES 

https://www.legistify.com/blogs/view_detail/how-to-get-a-license-to-play-music-at-restaurant/ https://enterslice.com/learning/how-to-take-music-license-for-playing-music-in-restaurant/ 

https://blog.ipleaders.in/license-requirements-playing-music-commercial-spaces-like-stores restaurants/ 

https://corpbiz.io/learning/music-license-for-playing-music-in-restaurants-in-india/ https://www.kashishipr.com/blog/can-you-play-copyrighted-music-in-restaurants/ https://www.justia.com/intellectual-property/copyright/playing-music-in-stores-or-restaurants/