Music Play License

Music License involves the process of getting necessary permission, authentication and protection of music works. According to Copyright Act, 1957 (Section 2 (p)), a ‘musical work’ is defined as any composition that contains music together with any visual representation in respect of such composition; but does not include lyrics or actions which were intended to be accompanied by music, spoken, sung or acted publicly.' Therefore use of music in business related public activities requires Music License

In order to use any musical composition one must deal with a music licensing company or contact the person responsible for the license and enter into an agreement/contract with him/her so as to secure the right to use it However, sometimes one has to locate the creator first artist, record company, music publisher or Performance Rights Organizations (PROs).

Who Issues A Music License?

The music license is granted by the Copyright Society or Performing Right Society, which is officially registered under Section 33 of the Copyright Act. Copyright Societies are organizations responsible for gathering and distributing royalties to their registered members, who have earned these from the use of music.

There are majorly three Copyright Societies are mentioned below:

• Phonographic Performance Limited (PPL)
• Indian Performing Rights Society (IPRS)
• Indian Singer Rights Association (ISRA)

A music license for pre-recorded music, including CDs, radio, music cassettes, gramophone records, and any other audio-visual format played in a restaurant or store, is granted by Phonographic Performance Limited (PPL) Section 18.

On the other hand, for live events like singer performances, live bands, or concerts in a restaurant or store, the license is provided by the Indian Performing Rights Society (IPRS) Section 18.

Additionally, the Indian Singer Rights Association (ISRA), established in 2013, Section 38 B of the Copyright Act, manages and oversees the use of its members' performances and al locates the royalties received to its members (singers).

There are various advantages of getting a Music permit in India. These advantages or benefits are as per the following;

• Artist utilize the Music permit to legitimately show their ability to the world. The Music permit helps improve the prominence of the melody or occasion of such craftsman Likewise, 
• Getting a music permit guarantees the craftsman or maker of the melodic work that their work won't be taken, 
• Copied or rehashed without their consent it is a sort of protected innovation Right; subsequently,
• It gets your work in each perspective It is a decent procuring hotspot for the craftsman as she/he can sell their work easily

In our case, the artist receives different types of music licenses for their creations, which allow them to play opening music in private premises as well as public and commercial places without us having an obligation to authorize it.

• Sync License: In this strategy there are associations between the made music and various visual contents. Many people have taken a license in music such as television adverts, advertising agencies, film production companies and many others.
• Mechanical License: The main objective of this license is to make sure that artists’ work can be reached by the public for reproduction on CDs, online sharing or through any other distribution method. A mechanical license is requested by the artist who has copy rights of their creation after complying with terms permitting its distribution or replication. For example any minor alteration done to the original piece including remixes, personal lyrics addition or any changes made on the original composition etc. require a mechanical license.
• Public Performance License: This permit is the most prevalent type of permit granted for broadcasting an artist's copyrighted work. This permit is secured by businesses that play music through their jukeboxes or any other kind of public performance like concerts.
• Master license: It is the most complex license type and it comes along with a sync license. This is the kind of permission that lets you use the original recording of a song in an audio visual production; however, it prevents you from creating a new version of the song.

To obtain your music license, make sure to include these documents when submitting your application.

• Personal details, like name, nationality, address, etc.
• Information about the business you commence
• However, in case your business is an LLP, you have to submit the certificate of Incorporation
• List of the music you will play
• GST registration certificate, if required
• PAN Card
• Address proof such as Electricity bill, Driver’s License, Voter ID Card, etc.

Here's the step-by-step guide for applying for an IPRS music license in India:

• First, the applicant must choose the specific category or type of license they wish to apply for.
• The full application process is clearly detailed on the IPRS official website. The full application process is clearly detailed on the IPRS official website After giving fundamental points of interest like title, address, contact data, e-mail address, and GST subtle elements, the candidate must select the reasonable permit type.
• Following this, the applicant will receive a one-time password (OTP) on their mobile device for additional verification.
• Once the application fees are paid, an online receipt will be sent to the applicant via email or text message.
• Afterward, the applicant will receive an introduction letter from IPRS, confirming their registration in the IPRS database.

The IPRS permit cost shifts relying upon the area, and melodic synthesis proposed to be utilized. Generally, the permit charge is Rs.1.50 per square foot, and the base required eminence under the levy is Rs.50,000. 

The on-premises tax depends on the area of the premises where the music is proposed to be utilized. You can find the different tax rates for various premises here. Also, GST is charged at a 18% rate.

Licenses bought from our platform (standard in-house licenses) are valid for an unlimited duration. This implies that the license is perpetual and does not expire or lose its validity for the specific project it was initially granted for. If you wish to use a song that is licensed to you by music for a different project, you will need to obtain a new license. For personalized licenses, the duration of the agreement can be discussed and agreed upon by the customer, the artist, and music

To keep your subscription licenses active indefinitely, you must complete the 12-month subscription period. Cancelling your subscription early will make any licenses issued during that subscription period invalid.

Offences and penalties

On the off chance that you are engaged with playing ambient sound or coordinating live occasions, you should get a Music Permit. What's more, any gathering or organization that doesn't enroll with the significant Copyright Society or takes part in exercises.

The most important and basic facts in Segment 51 of the law could confront legitimate outcomes according to Segments 63 and 63 of the Copyright Act. Punishments for people who break intellectual property regulations or other legitimate privileges, as depicted in Segment 63 of the Copyright Act, may include; lawful repercussions as per Areas 63 and 63 An of the Copyright Act.

According to Section 63 of the Copyright Act, someone breaking copyright laws or other legal rights could face penalties that include:

• A minimum of six months but possibly up to three years in prison
• A penalty of at least Fifty Thousand Rupees, potentially increasing to Two Lakh Rupees

Moreover, under Section 63 A, for those who continuously violate copyright laws or other rights, the punishments are stricter; 

• A prison sentence of at least one year, potentially up to three years,
• Along with a fine of at least One Lakh Rupees, and a penalty of Two Lakh Rupees.

Corpseed takes a results-driven approach to ensuring compliance with the organization's mandatory licensing requirements. A straightforward and helpful approach assists organizations in obtaining licenses quickly and at a low cost. Corpseed provides full advisory, guidance, and compliance support for meeting license requirements to secure approval.