Music Licence

Overview of Music Licence

A Music Licence is required for businesses and organisations that play copyrighted music in public or use music for commercial purposes. Under the Copyright Act, 1957, businesses must obtain the appropriate licence before using copyrighted music in hotels, restaurants, cafés, pubs, retail stores, malls, gyms, events, or other commercial establishments.

Music licensing ensures that composers, lyricists, singers, music publishers, and sound recording owners receive royalties for the use of their copyrighted works. Depending on the type of music being used—live performances or recorded music—different copyright owners or copyright societies may issue the required licence.

Who Needs a Music Licence?

A Music Licence is generally required by:

• Hotels, resorts, and guest houses

• Restaurants, cafés, bars, and pubs

• Shopping malls and retail stores

• Banquet halls and wedding venues

• Event organisers and exhibition centres

• Gyms, fitness centres, and clubs

• Amusement parks and entertainment venues

• Offices, commercial establishments, and showrooms

• Transportation services using music for commercial purposes

Music Licensing Authorities in India

The following copyright societies issue licences for the use of copyrighted music in India:

• Indian Performing Right Society (IPRS): Licences for the public performance and communication of musical and literary works, including live performances and background music.

• Phonographic Performance Limited (PPL India): Licences for the public performance and communication of sound recordings owned or represented by its members.

Depending on the intended use of music, businesses may require one or more licences from the relevant copyright owners or copyright societies.

Types of Music Licences

The most common types of music licences include:

• Public Performance Licence – Required for playing copyrighted music in commercial establishments and public events.

• Sync (Synchronization) Licence – Required to use music with films, advertisements, videos, television programs, or digital content.

• Mechanical Licence – Required for reproducing, distributing, or recording copyrighted musical works.

• Master Licence – Permits the use of an existing sound recording in audiovisual productions.

• Theatrical Licence – Required for the public performance of copyrighted works in theatrical productions.

• Print Licence – Required for reproducing or distributing copyrighted sheet music or musical notations.

The type of licence required depends on how the music will be used and the rights involved under the Copyright Act, 1957.

Benefits of a Music Licence in India

Obtaining a Music Licence offers several benefits to businesses and copyright owners, including:

• Ensures legal use of copyrighted music for commercial purposes.

• Protects businesses from copyright infringement claims and legal penalties.

• Enables the public performance of music in hotels, restaurants, cafés, pubs, retail stores, events, and other commercial establishments.

• Supports artists, composers, lyricists, and music rights holders by ensuring they receive royalties for their work.

• Enhances customer experience and creates a better ambience through the lawful use of music.

• Demonstrates compliance with the Copyright Act, 1957 and applicable licensing requirements.

Information Required for a Music Licence

To apply for a Music Licence, applicants generally need to provide the following details:

• Name and address of the business or establishment.

• Nature of business and type of commercial premises.

• Area (in square metres) where music will be played.

• Seating capacity of the establishment, where applicable.

• Locations where the music will be audible (such as dining areas, bars, reception areas, or common spaces).

• Details of the music source or equipment used, such as televisions, speakers, radios, streaming devices, or sound systems.

• Nature of music usage, including background music, live performances, events, or recorded music.

Providing accurate information helps determine the applicable licence and royalty requirements.

Documents Required for a Music Licence

The following documents are generally required to obtain a Music Licence in India:

• Identity proof of the applicant (PAN Card, Aadhaar Card, Passport, or Driving Licence).

• Address proof of the applicant or business establishment.

• Business registration documents, such as:

  • Certificate of Incorporation (Company)

  • LLP Agreement (LLP)

  • Partnership Deed (Partnership Firm)

  • Proprietorship proof (Proprietorship)

• GST Registration Certificate, if applicable.

• Details of the business or commercial establishment.

• Description of how the music will be used (background music, live performance, events, etc.).

• Details of the premises, including the area where music will be played and seating capacity, if applicable.

• Any additional documents required by the concerned copyright society or licensing authority.

The exact documentation may vary depending on the type of Music Licence and the nature of the business.

Procedure for Obtaining a Music Licence in India

The process for obtaining a Music Licence generally involves the following steps:

Step 1: Identify the Appropriate Licence

Determine the type of music licence required based on your business activity, such as background music, live performances, events, or public performances. The appropriate copyright society or rights holder will depend on the nature of music usage.

Step 2: Submit the Application

Complete the prescribed application form and provide the required business details, supporting documents, and information about the premises where the music will be used.

Step 3: Document Verification

The concerned copyright society or licensing authority reviews the application and verifies the submitted documents. Additional information may be requested, if required.

Step 4: Payment of Licence Fee

Pay the applicable licence fee based on the type of business, nature of music usage, venue size, seating capacity, and other applicable tariff criteria.

Step 5: Grant of Music Licence

After successful verification and payment of the prescribed fee, the relevant copyright society issues the Music Licence, allowing the lawful use of copyrighted music in accordance with the licence terms.

Factors Affecting Music Licence Fees

The cost of a Music Licence may vary depending on several factors, including:

• Type of business or commercial establishment

• Nature of music usage (background music, live performance, events, etc.)

• Size of the premises

• Seating capacity or audience size

• Frequency and duration of music usage

• Applicable tariff prescribed by the concerned copyright society

Since licence fees and tariff schemes are revised from time to time, the applicable charges depend on the current rates prescribed by the relevant copyright society or rights holder.

Penalties for Using Copyrighted Music Without a Music Licence

Using copyrighted music in a commercial establishment without obtaining the required Music Licence may constitute copyright infringement under the Copyright Act, 1957. Businesses that play or publicly perform copyrighted music without the necessary authorisation may face legal and regulatory consequences.

Depending on the nature and severity of the infringement, the consequences may include:

• Civil claims for damages, injunctions, or compensation by the copyright owner.

• Criminal penalties under the Copyright Act, 1957, including fines and imprisonment in applicable cases.

• Orders to stop the unauthorised use or public performance of copyrighted music.

• Additional legal action by the concerned copyright owner or copyright society.

To avoid legal disputes and ensure compliance with copyright laws, businesses should obtain the appropriate Music Licence before using copyrighted music for commercial or public performance purposes.