How to Get Music License in India
Intellectual Property

How to Get Music License in India?

11 Mins read

A worldwide language, music uses sound, rhythm, melody to apprise tales of culture, demonstrate ideas and elicit sentiments and emotions. The rich cultural and spiritual Indian heritage is inextricably linked to its music, comprising a diverse range of genres and traditions. India has a dynamic mix of folk, devotional and contemporary music showcasing the country’s regional and linguistic diversity.

Any individual who creates art as a means of expression or communication through different modes like dance, singing, writing, music, painting, sculpture or performance is known as an artist. Artists often provoke perceptions or elicit strong reactions from their audience by displaying their skills, talents, creativity, ability and imagination to communicate emotions, ideas or cultural narratives. In a larger sense, anybody who engages in any kind of creative endeavour, be it literary, performing, visual or digital art, is considered to be an artist, and when such art in the subject is related to music, he is a musician or a musical artist.

Music offers a wide array of career options including roles as instrumentalists, composers, music directors, playback singers, vocalists, etc. playback singing and film score compositions are two highly sought after professions in the Indian film industry, giving a prominent platform to artists and musicians.

While some artists work in indie, folk and fusion genres, a large number of artists seek careers in classical music, performing at esteemed festivals and concerts. Music education, live performances and digital platforms broaden the professional opportunities for prospective musicians in the country.

Laws Applicable to Music and Artists

Like any other commodity or service, since music is also commercially bought and sold, there needs to be a formal law regulating and governing it. It is important that the composers, lyricists, singers, etc, all are compensated fairly and justly for their creative work, and their interest is safeguarded as well. In order to prevent the unauthorised use, distribution or reproduction of musical work and, if such an event occurs, to ensure that the rights of the original creators are protected, various acts have been enacted, and several bodies have been established.

Some of the important laws governing the music industry in India are:

  1. Copyright Act, 1957 – This Act is the chief legislation safeguarding musician’s rights, aligning with the country’s international obligations to the conventions that it is a member of. Musical work under copyright law is defined under Section 2(p) as “a work consisting of music and includes any graphical notation of such work but does not include any words or action intended to be sung, spoken or performed with music”. This Act protects the rights and interests of creators of original musical work and provides remedies in case of criminal infringement or piracy of their work.
  2. Intellectual Property Rights Law – The Trade Marks Act, 1999, The Patent Act, 1970, The Designs Act, 2000, etc lend a broader framework for the creators to protect and register their work in defence to the unauthorised use of their work.
  3. The Indian Contract Act, 1872 – Various artists and musicians enter to contracts with third parties for the use or performance or broadcasting of their music. The contract law ensures that such agreements and contracts are legally binding and valid and are enforceable in the court of law.
  4. The Cinematograph Act, 1952 – When the rights to distribute and broadcast a movie are sold, it also includes the right to distribute and broadcast the music in it and to be satisfied that the content meets the requirements of the Central Board of Film Certification (CBFC).
  5. The Performers’ Rights – Introduced along with the copyright rules, these special rights are conferred on performers like singers or instrumentalists over the performances they give or create.

What is a Music License and What Are its Types?

A license is an official permission (or permit) granted by a competent authority to do something that would otherwise be unlawful. In India, obtaining music licenses is essential for the lawful use, performance, or distribution of music in different settings, including public performances, broadcasting, and reproduction of the same. These licenses protect the intellectual property rights of artists and ensure that they are reasonably and impartially compensated for the commercial use of their music.

There are four types of music licenses, and each type caters to a different purpose and usage of music or musical work. It also depends upon the type of audience that will ultimately receive it. They are:

  1. When music is required to be played in public places like restaurants, cafés, malls, planned events, concerts, etc., then a license is a mandatory condition that needs to be fulfilled before the event happens. License is required even if pre-recorded music is used or performed. Such a license is known as a ‘Public Performance License’ and the organisations that issue such licenses are Indian Performing Rights Society Limited (IPRS) and Phonographic Performance Limited (PPL). While IPRS grants licenses for live music events, PPL grants licenses for playing pre-recorded music in public areas.
  2. There is a specific licensing need for the individuals or business entities that desire to broadcast music by the means of radio or television. They intend to play or use music live or on air. These broadcasters are needed to obtain a ‘Broadcasting License’ from the specific authorities and are only then allowed to practice their purpose. The creators, lyricists, composers, etc are paid royalties for such usages.
  3. A ‘Mechanical License’ is required to be possessed by the person who plans or means to reproduce or distribute certain recordings or recorded musical work by way of CDs, digital copies or digital downloads or via streaming platforms. Music platforms and record labels usually apply for such a license, following which they are legally allowed/permitted to distribute.
  4. If music is proposed to be used in visual media like films, advertisements, TV shows, web series, etc then a ‘Synchronisation License’ is required and often known as ‘sync license’ for short. This license allows the use of music in sync with the visual elements and rights are typically negotiated with the copyright holder.

How to Obtain a Music License in India?

Licensing is necessary not only to use an original piece of music by someone other than the creator but also if a pre-recorded (musical) audio is intended to be used. As specified earlier, there are two organisations authorised to issue licenses, namely the IPRS and PPL, who accept royalties on behalf of creators, lyricists, etc, for their work against the use of which a license is granted. License is obligatory when music is intended to be used in public areas, be it a commercial or non-commercial public place.

Before beginning with the application process, certain fundamentals need to be kept in mind:

  1. Different licensing authorities may direct different requirements that may be additional to the usual ones and that need to be mandatorily complied with.
  2. If multiple music pieces are intended to be used or the intended musical piece is hunted from multiple sources, then a license application is filed with each respective authority or rights holder.
  3. Important details regarding the audible range of music, area (in square metres) upto which music is audible, expected strength of audience, type of area, type of device that will be used, list of songs, type of license and its intended use, etc need to be prepared well in advance and kept handy at the time of application.

Now let us understand the steps involved in the procedure to apply for a music license in India:

  1. Firstly, identify what type of music is intended to be used, that is, whether live music is going to be performed or if a pre-recorded piece will be played at an event or public place. Accordingly, after identifying the same, a specific authority is chosen from IPRS or PPL.
  2. After choosing the authority, visit the official website of the said authority like www.iprs.org for live music or www.pplindia.org for already recorded music.
  3. On the website, go to the application section and select the category as per the requirement after determining the type of license applicable based on the intended or desired use.
  4. Now, start filling the application form by entering the details as requested, following which a login id and a temporary password is created online with the credentials entered.
  5. A new tab is opened after logging in, displaying the tariff rates applicable for each type of music license. Read and check the charges applicable to the license for which the current application is filed.
  6. Once checked, application form and details entered need to be verified by a one time password (OTP) sent via SMS on the registered mobile number of the applicant.
  7. After verification, payment for the charges as applicable and checked from the tariff tab is transferred online to complete the process and submit the application.
  8. On successful submission, the application will be processed, evaluated and further verified by the relevant authority and so, the applicant needs to wait until there is any notification of any query or remark or any other communication.
  9. If the concerned authority is fully satisfied and has no objections, whatsoever, after reviewing the application, it shall issue and grant the license to the applicant through the registered email provided.

Why is a Music License Necessary?

In order to protect the interest and rights of those who are involved in the creation of the musical work and to secure them with a just and fair compensation in case of any infringement of their rights or any unauthorised use of their work, the framework of licensing has been introduced. If any person or entity fails to meet this requirement or offends the provisions of the applicable laws, then such an offender shall be liable to penalties and punishment for committing the breach of law.

So, a music license is necessary because:

  1. Negotiation flexibility – Having a license gives a better opportunity and position to the user to discuss and negotiate the terms for future projects due to the establishment of a formal and professional relationship with the right holders and demonstrates a commitment to the respective copyright.
  2. Gain popularity – If a music license is obtained, then the user is free to not only negotiate but also use the music as he intends like in his restaurant or cafe or any organised event. With trending and famous numbers playing, people might find the place or event more appealing and likeable, generating more visibility and gaining popularity amongst people in the area.
  3. Rights to distribute – A license granted enables the person or entity to legally reproduce, distribute or broadcast music, like in its marketing campaigns, without any fear of restrictions or disputes.
  4. Continuous income – Licensing ensures that the original creators are reasonably and impartially compensated for their work. This provides them with a consistent and constant income flow, which encourages them to create quality music content.
  5. Legal protection – A license is a legal permit to legally use the music without any fear of potential infringement or legal disputes. It secures the interest and position of both the rights holder against any breach or infringement as well as the user in case of levy of penalties.
  6. Innovation and creativity – The creators can confidently let others use their work when there is a music license in place. Regular payment of fees and royalties pushes them to make more creative content without the fear of any legal repercussions. It enables even the users to bring out new and innovative ideas to remix or reproduce the original scores, with the acknowledgement of the creator, legally and freely.

Consequences of Not Obtaining a Music License

Obtaining a music license in India is crucial for anyone intending to use music commercially. There may be not only legal and financial repercussions in not meeting these requirements, but it may also impact the goodwill of the business. The following consequences make it essential to obtain a music license in India:

  1. Impact on the business reputation and event promotions – Engaging in the use of unlicensed music can also protect and rejuvenate the business’s brand image and decrease its market credibility. In case a user organizes an event intending to use such unlicensed music without obtaining the proper music license, such events present clear risks of license absence which in turn may cause cancellation or disruption of the events. As a result, the event planners may be subjected to criticism from the audience which can dent the ability to hold more events in the future.
  2. Loss of access – Without a license, you might not be able to access the content and could have trouble promoting events well.
  3. Cease and desist orders – A cease and desist order denotes a legally enforceable order directed by any court or government authority, directing to stop engaging in a particular activity. Non-compliance of such orders can lead to further legal and penal actions against offenders.
  4. Injunction – An injunction means a stay order directed by the court to immediately halt the event or usage until a proper and satisfactory license is in place.
  5. Legal actions and penal burden – Unauthorised use of musical content without a license can result in civil lawsuits or legal actions by the original makers against the intended users. Using music without a license can attract the penal provisions of law, resulting in the levy of heavy fines and penalties in case of infringement and breach of copyrights.
  6. Liability for damages – The party infringing will be liable for damages in case any legal action is pursued by the original makers or creators, and the extent of such damages may be severe if there is any wilful infringement on the part of the party using the music.
  7. Limited collaboration chances – A business will lose its respect and customer loyalty in the market if it challenges the mandatory requirements under copyright laws by using music without the proper authorisation and will find it difficult for its future collaborations.

Case Study

Let us understand the significance of a music license in regard to both the parties, the original creators and the users, with the help of a case study.

The Indian Performing Rights Society Ltd. (IPRS) v. Eastern India Motion Pictures Association (1977)

This case stands as a watershed moment in the Indian history of music licensing as it notably influenced copyright law, particularly in relation to the incorporation of music in films and other performances.

Key Details of the Case:

Facts:

IPRS, a group that speaks for music creators and publishers, wanted to protect copyrights and payments for songs used in movies. This registered body aimed to make sure people got the right licenses. But EIMPA and some movie makers didn’t agree. They said that once a song becomes part of a film, it’s no longer separate. So, they argued, there’s no need to get another license to use it.

Judgement:

The Supreme Court ruled in EIMPA’s favour, stating that when a movie includes a musical piece, the producer gets the right to show or broadcast the film with its incorporated music. This decision meant that movie theatres did not need a separate permit from the IPRS to screen films with copyrighted songs. The court recognized the film producer’s control over the synchronized music in the movie while also confirming that the original artists (composers, lyricists) kept their rights to the music when used outside the film.

Impact:

It was made clear in the judgment that the argument on the statute which defeats fair use in the music creator is a valid one because once the music is incorporated into the cinematographic film, the owner of the films is free to make marketable the picture without the ultra license from the owners of further musical rights.

This specific case has been applied in practice by courts rather often within the scope of respect for copyright basic principles concerning profound musical works and especially their stowage in movies and television and other similar products.

As a result of these developments, inter alia, the amendments to the Indian Copyright Act, 1957 or the recent landmark case Super Cassettes Industries Ltd. v. Music Broadcast Pvt. Ltd. (2012), the scope of music licensing has been adorned. Nevertheless, the IPRS case still remains central to the elucidation of water rights in the interaction between music creators and the usage of their production for motion pictures.

Conclusion

Music has been an important aspect of people’s entertainment, communication and socialization for a long time. Hence, for this, it may be concluded that music authorisation has the potential of being a big legal framework providing for the proper utilization and protection of the work while offering the creators remuneration.

Licenses of these kinds are part of the ‘affordable enclosure’ of copyright that gives businesses and individuals the right to use, perform and distribute music within the law, locating possibilities of avoiding infringements and establishing economic relations between commons and the coexistence of the music industry. It is also an added value in the quality of creative ventures without breaching, taking care of, and protecting intellectual property rights and assuring the clients and the creators will benefit from a well-administered structure.

Related Services

Bibliography

  1. www.iprs.org
  2. www.pplindia.org
  3. The Copyrights Act, 1957
  4. www.sci.gov.in
  5. www.doj.gov.in
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About author
I am a qualified Company Secretary with a Bachelors in Law as well as Commerce. With my 5 years of experience in Legal & Secretarial. Have a knack for reading, writing and telling stories. I am creative and I love cooking. Travel is my go-to for peace and happiness.
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