Indian Performing Right Society (IPRS) License
Indian Performing Right Society (IPRS) License
Musicians, including singers, lyricists, composers, producers, etc., copyright their work to protect them from being used without permission or copied by others. In India, musicians have established copyright societies to grant licenses for performing or using copyrighted songs and distribute the royalties to their members. One such copyright society is the Indian Performing Right Society (IPRS).
Music lyricists, publishers, composers and music owners are members of the IPRS. The IPRS license grants permission for the public performance of copyrighted music of IPRS members, i.e. authors, composers and publishers. The IPRS collects royalties from music consumers and splits them amongst the members after subtracting administrative costs. This article states what an IPRS license is and how to get an IPRS license.
Filing of IPRS License for Musician
Depends upon case to case basis
- Filing of Forms IPRS
- Musicians, including singers, lyricists, composers, producers, etc
- Purchase of Plan
- Expert Assigned
- Share the details as requested
- Preparation of Form and Filing with IPR
- PAN card
- Information about the music genres applicant wants to play
- List of songs to be played
- GST registration certificate
- Address verification documents, such as a driver’s licence, electricity bill, voter ID card, etc
- Aadhar card
Brief Summary About Indian Performing Rights Society
The IPRS was established in August 1969 as a non-profit organisation. It is a company limited by guarantee registered under the Companies Act of 1956, currently the Companies Act of 2013. It is also registered under the Copyright Act as a copyright society to demonstrate legitimate ownership of copyright.
It awards licences to music customers for using musical and literary works under Section 33 of the Copyright Act of 1957. It has agreements of reciprocal representation with similar copyright organisations in more than 50 countries throughout the world. It authorises these sister societies to administer their member’s rights in their respective countries, and the sister societies authorise the IPRS to administer the rights of their members in India.
The IPRS membership includes all Indian authors, music publishers and composers whose works are publicly performed. The meaning of music publishers, authors and composers are as follows:
- Composers mean music directors
- Authors mean music lyricists
- Publishers mean music companies or people acquiring the publishing rights of the literary and musical works
- Writers mean authors and composers
What is IPRS License?
The IPRS grants the IPRS license to music customers for using IPRS works. It is a blanket licence for a reasonable annual charge, enabling the license holders to use copyrighted works in compliance with the Copyright Act, 1957. It is a permission or authorisation in writing enabling the license holder to use copyrighted songs or music in public performance, communication to the public by streaming, broadcasting or any other wireless or wire diffusion of the works controlled by IPRS on behalf of its members and affiliated societies members throughout the world.
An IPRS licence is required for any public communication or performance of copyrighted music under its control, irrespective of the nature of the entertainment, premises where the performance takes place and whether there is an admission charge.
It is issued for the performance of copyrighted music in various categories of premises, including clubs, cinemas, dance halls, concert halls, town halls, hotels, public houses, shops, restaurants, universities, aeroplanes, hotels, sports stadiums, etc. The license covers live and public performances by mechanical means, such as radio, jukeboxes, television, background music devices, records players, etc., in various premises.
Importance of IPRS License
According to the Copyright Act, 1957, the following persons using copyright material have a responsibility to the copyright owner:
- Organiser/promoter of a live event involving music
- Owner of the premises of a live event involving the public performance of music
- Music performers
A performer, singer and purchaser of a music piece, song or commercial recording does not entitle that individual to perform the work embodied in the recording or copy in public. It merely entitles an individual to perform the work in a domestic circle where performing rights do not operate. Any individual or entity performing, using or reproducing the copyrighted works of the IPRS members in public are required to obtain the IPRS license.
IPRS license is also required to communicate to the public musical and literary works incorporated in sound recordings during live events. Additionally, platforms that utilise music, such as television broadcasters, FM radio, OTT platforms, online streaming platforms, mobile/telecom players who utilise music of IPRS members are required to secure a license from IPRS and pay the author’s royalty share to the IPRS.
Generally, IPRS does not grant a license to performers but it requires proprietors of premises where music is publicly performed or the promoters of musical entertainment events to obtain licenses before using IPRS works.
How to Apply IPRS License Online
Following are the steps to apply for and obtain an IPRS license:
Step 1: Visit the official IPRS website.
Step 2: Click on the ‘Licences’ tab, select the ‘Licence Payment’ option and click on the ‘Licensee Portal’ option from the drop-down list.
Step 3: On the next page, click on the ‘New Registration click here’ option.
Step 4: Fill the ‘Customer Registration’ Form and click on the ‘Register’ button.
Step 5: An email will be sent to the mail address. Click on the link to validate and activate your IPRS account.
Step 6: Go to the IPRS Customer Login page. Enter the username (email ID) and password and click on the ‘Login’ button.
Step 7: Click on the ‘Apply for License’ option.
Step 8: Enter the details on the license form, i.e. basic details, tariff details, venue and song details, and click on the ‘Continue to Payment’ button.
Step 9: Select the payment mode (debit card, credit card, net banking or UPI) and pay the required fees.
Step 10: After the payment is made, the IPRS will issue the IPRS license.
What is the Fees for IPRS License?
The IPRS license cost varies depending on the location, and musical composition proposed to be used. Usually, the license fee is Rs. 1.50 per square foot, and the minimum required royalty under the tariff is Rs. 50,000.
The on-premises tariff is based on the square footage of the premises where the music is proposed to be used. You can find the different tariff rates for different premises. Additionally, GST is charged at an 18% rate.
Penalty for Violation of Copyright Act
Penalty for Violation of Copyright Act
In India, the Indian Performing Right Society (IPRS) is entrusted with protecting the rights of music creators and administering licenses for the usage of copyrighted musical and literary works. Failure to obtain the necessary IPRS license for public performances or reproductions of copyrighted works can lead to severe penalties for infringement. Let's explore the consequences one may face for such infringements.
- Penalties for First-time Infringement:
If a person or entity reproduces the copyrighted music of IPRS members without obtaining the IPRS license, they are considered to have infringed upon the copyrighted material. The penalties for first-time infringement are as follows:
- Minimum imprisonment of six months, extendable up to a maximum of three years.
- Minimum fine of Rs.50,000, which can escalate up to Rs.2,000,000.
These penalties are designed to discourage the unauthorized usage of copyrighted works and ensure that music creators receive proper compensation for their creations.
- Penalties for Repeat Offences:
If the offence of infringement is repeated, the penalties become more stringent. For subsequent infringements, the penalties are as follows:
- Minimum imprisonment of one year, with a maximum of three years.
- Minimum fine of Rs.1,00,000, which can go up to Rs.2,000,000.
The increased penalties for repeat offences reflect the seriousness of the infringement and aim to deter individuals and entities from repeatedly violating the IPRS license requirements.
It is essential to note that the penalties mentioned above are in accordance with the prevailing copyright laws in India and are subject to change based on future legal amendments. Therefore, it is crucial to stay updated with the latest regulations and comply with the IPRS license requirements to avoid legal complications and penalties.
Conclusion
Obtaining the IPRS license is crucial for individuals and entities seeking to use copyrighted musical and literary works for public performances or reproductions in India. Failure to secure the necessary license can result in severe penalties, including imprisonment and substantial fines. To uphold the rights of music creators and foster a fair and thriving music industry, it is vital to respect and comply with the IPRS license regulations. By doing so, we can ensure that creators are duly compensated for their artistic contributions and encourage a culture of respect for intellectual property rights.
