Under The Copyright Act 1957, every business entity or individual must receive permission from the copyright owners of the music before they intend playing it publicly. So instead of going to each label, the most convenient way of obtaining a public performance license for pre-recorded music is to obtain a PPL License.
This section is provided for general information only. It is not intended to be, nor should it be, construed as or relied on as legal advice. You should make your own enquiries, and seek appropriate advice, about the provisions of the Copyright Act which are relevant to you and their implications for you.
Extracts from The Copyright Act, as amended w.e.f. 21.06.2012
- Works in which copyright subsists.-
(1) Subject to the provisions of this section and the other provisions of this Act, copyright shall subsist throughout India in the following classes of works, that is to say,-to say,-
(c) sound recordings;
- For the purpose of this Act, “Copyright” means the exclusive right subject to the provisions of this Act, to do or authorize the doing of any of the following acts in respect of a work or any substantial part thereof, namely –
(e) In the case of a sound recording –
(i). To make any other sound recording embodying it;
(ii). To sell or give on on commercial rental or offer for sale or for such rental, any copy of the sound recording;
(iii). To communicate the sound recording to the public.
- Interpretation. – In this Act, unless the context otherwise requires,–
(ff) “communication to the public” means making any work or performance 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 physical copies of it, whether simultaneously or at places and times chosen individually, regardless of whether any member of the public actually sees, hears or otherwise enjoys the work or performance so made available.
Explanation.—For the purposes of this clause, communication through satellite or cable or any other means of simultaneous communication to more than one household or place of residence including residential rooms of any hotel or hostel shall be deemed to be communication to the public.
(m) “infringing copy” means,–
(iii) in relation to a sound recording, any other recording embodying the same sound recording, made by any means; if such reproduction, copy or sound recording is made or imported in contravention of the provisions of this Act.
(uu) “producer”, in relation to a cinematograph film or sound recording, means a person who takes the initiative and responsibility for making the work;
(xx) “sound recording” means a recording of sounds from which such sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced.
(y) “work” means any of the following works, namely:–
(iii) a sound recording.
- Licences by owners of copyright
The owner of the copyright in any existing work or the prospective owner of the copyright in any future work may grant any interest in the right by licence in writing signed by him or by his duly authorised agent:PROVIDED that in the case of a licence relating to copyright in any future work, the licence shall take effect only when the work comes into existence.
Explanation: Where a person to whom a licence relating to copyright in any future work is granted under this section dies before the work comes into existence, his legal representatives shall, in the absence of any provision to the contrary in the licence, be entitled to the benefit of the licence.
- When copyright infringed. –
Copyright in a work shall be deemed to be infringed-
(a) when any person, without a licence granted by the owner of the copyright or the Registrar of Copyrights under this Act or in contravention of the conditions of a licence so granted or of any condition imposed by a competent authority under this Act-
(i) does anything, the exclusive right to do which is by this Act conferred upon the owner of the copyright, or
(ii) permits for profit any place to be used for the communication of the work to the public where such communication constitutes an infringement of the copyright in the work, unless he was not aware and had no reasonable ground for believing that such communication to the public would be an infringement of copyright; or
(b) when any person-
(i) makes for sale or hire, or sells or lets for hire, or by way of trade displays or offers for sale or hire, or
(ii) distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright, or
(iii) by way of trade exhibits in public, or
(iv) imports into India, any infringing copies of the work Provided that nothing in sub-clause
(iv) shall apply to the import of one copy of any work for the private and domestic use of the importer. Explanation.- For the purposes of this section, the reproduction of a literary, dramatic, musical or artistic work in the form of a cinematograph film shall be deemed to be an “infringing copy”.
- Offence of infringement of copyright or other rights conferred by this Act.–
Any person who knowingly infringes or abets the infringement of-
(a) the copyright in a work, or
(b) any other right conferred by this Act [except the right conferred by section 53A], shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lake rupees:
- Offences by companies.-
(1) Where any offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for, the conduct of the business of the company, as well as the company shall be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.- For the purposes of this section-
(a) “company” means any body corporate and includes a firm or other association of persons; and
(b) “director” in relation to a firm means a partner in the firm.