Members (Record Labels) have assigned two rights to PPL for licensing. They are “Public Performance” and “Radio Broadcasting”
A) “Public Performance” refers to playing of music and/or sound recording in public places & premises and/or by commercial and other establishments like Hotel, disco, pub, shops, stores, mall, spa, hospital, office, amusement park, any form of transportation, be it air, road, or train etc., to cite just a few examples. This also includes playing of music at events, shows, parties, social functions, with or without DJs etc.
B) “Radio Broadcasting” is also considered as communication to Public. A Separate license is required from PPL for broadcasting sound recordings via radio PPL currently covers the radio broadcasting rights of it member music labels.
If one plays PPL sound recordings on a daily basis, annual PPL background license is needed. E.g – Shopping mall, shops and stores, salons etc where the sound recording is played in the background on a daily basis.
If one plays PPL sound recordings for a particular event/party/get-together/show etc for a specified day, event license is required. E.g – if sound recording is being played in an event like VH1 Supersonic or Sunburn etc for that specified day event license is applied.
Annual background license does not cover the event license. Separate licenses have to be taken for each event.
If an instrumental music forms a part of original sound recordings, recorded by music companies then certainly person has to take permission for exploiting the said instrumental music from PPL.
Any performance / use or communication of sound recording belonging to PPL to the public, rendered without license from PPL constitutes an infringement of the copyright as per the section 51 of the Copyright Act, 1957. The Copyright act holds not only a person who directly infringes the copyrighted sound recording, but also a person who abets and helps any person to infringe the copyrighted sound recording. PPL is entitled to take a legal action against any person and/or company who infringes and/or abets the infringement of the copyright and is also entitled to remedies by way of injunctions, damages and accounts. Copyright infringement being a cognizable and non-bailable offence attracts a heavy penalty, which can extend up to Rs. 2 Lakhs and 3 years imprisonment. The Police are also authorised to seize without warrant all infringing copies or devices through which the copyrighted sound recording is produced or communicated to the public.
As per law a person cannot take plea or defence of others wrong or offence. A right holder can always avail legal remedy against all infringers. Just because others are doing wrong, it does not allow or permits any person to commit any wrong.
Yes there are lakhs of Regional songs which are produced by members of PPL. The Public Performance rights all these Regional songs vests with PPL.
As per the Copyright Act, 1956, copyright in sound a recording subsists until 60 years from the beginning of the calendar year next following the year in which the sound recording is published. That means all sound recordings which are less than 60 years old are protected by the law.
As per Sec.2 (ff) of the Copyright Act, 1957, communication to the public means making any work available for being seen or heard or otherwise enjoyed by the public directly or by any means of display or diffusion other than by issuing copies of such work regardless of whether any member of the public actually sees, hears or otherwise enjoys the work so made available. Communication can be through by any means or mode, it may be through mobile, TV, speaker, etc., for which person has to take license from PPL.
PPL owns and administers public performance rights of all sound recordings of Sony Music and its sub labels and Universal Music and its sub labels, which are most leading music companies for international music. Major international sound recordings belong to these labels. Therefore, you have to procure PPL license for communicating International songs.
PPL provides license for sound recording which does not have anything to do with the volume. If it is a Public Performance in a commercial establishment, PPL license has to be taken.
The license fees that PPL collects is distributed amongst the members that own the sound recordings.
Every license has a unique QR code which can be scanned by a QR code scanner. If it is an original license, the code will take you to the original license on the PPL portal. You can verify the license details online.
PPL or any of its executives do not accept cash. You can make payment through the payment link/NEFT/RTGS/IMPS/DD/Cheque.
PPL does not have broadcasting rights for TV. One has to individually contact record labels directly for the same.
PPL does not have any rights for digital medium. For your apps/websites/anything online please connect with record labels.
PPL has rights to license for radio broadcasting. For any enquiries please write to [email protected]