IPRS License for Events: An Overview
The Indian Performing Right Society Limited (IPRS) is a Copyright Society registered under the Central Government as per Chapter VII of the Copyright Act, 1957. In spirit, IPRS is an Association of Composers, Authors & Publishers of musical and literary works associated with such musical works. From a legal constitution perspective, IPRS came into existence in 1969 as a Companies Act, 1956 and is a non-profit making body. This article will discuss the IPRS License for Events in detail.
Copyright is a statutory right, like a right granted by the law passed by Parliament. The Copyright Act, 1957 India recognizes some specific works, namely-
- Original literary, artistic, musical and dramatic works;
- Sound Recordings
- Cinematograph films
Why was IPRS License for Events set up?
- The IPRS was introduced in India in 1969. The IPRS membership contains virtually all Indian Composers, Authors & Music Publishers whose works are publicly performed to any considerable extent.
- IPRS has Agreements of Reciprocal Representation with similar organizations in more than 50 countries.
- It authorizes all those sister Societies to administer the rights of their members in their respective countries. From their side, they allow IPRS to help the rights of their members here in India.
- The IPRS address more than a million foreign composers, authors and publishers along
- its affiliation agreements with similar societies worldwide.
Note: IPRS is affiliated with the “International Confederation of World Societies of Authors & Composers” (CISAC) based in Paris, representing more than 4 million creators worldwide.
IPRS is authorized to grant licenses & collect royalties as a Copyright Society in India
- IPRS is a copyright society registered under the Central Government as per Section 33 of the Copyright Act, 1957.
- The Central Government issues a conditional registration in favour of IPRS as a Copyright Society with effect from 28 November 2017, which was confirmed vide a Certificate dated 8 June 2018, in continuation & supersession of the November 2017 certificate.
- The registration is valid for five years from such date of registration.
Work done by IPRS Administer
- IPRS administers rights regarding Musical Works like musical compositions, tunes, or melodies.
- IPRS administers rights in respect of Literary Works like lyrics associated with musical works.
Rights done by IPRS administer.
The Copyright Act, 1957 issued that among the absolute
rights granted to owners of rights in respect of their works by the following loosely described right:-
- The right to perform the job in public;
- The right to transmit the work by broadcast;
- The right to transmit the broadcast of the work to the public by a loudspeaker;
- The right to transmit the broadcast of the work to the public by any instrument;
- The right to make the record in consideration of the work.
Note: the first four rights are generally referred to in the Industry by the single expression ‘Performing Rights‘, and the last is referred to as ‘Mechanical Rights’ and are administered in place of its members as per the IPRS as assigned.
Benefits of IPRS License for Events
There are numerous advantages to acquiring an IPRS License for Events in India.
Some of the benefits are as follows:
- IPRS License helps artists or performers to use it as a medium to show their talent to the world.
- The IPRS license helps increase the popularity of the songs or the artist and their events.
- The artist’s creation is well protected after getting the license, so there will not be any chance of stealing an artist’s creation.
- The third party can comfortably download or subscribe to it with the artist’s name. Therefore, a correct source of income for an artist.
- IPRS License gives an artist the right to perform sound or music at public or broadcast events.
Who manages the IPRS?
The company’s policy is regulated by its membership body, which elects a governing council of directors elected under the members at general meetings from among their number. This council comprises an equal number of music publishers and authors or composers. The commission is accountable to the membership of IPRS.
The chief executive officer, assisted by staff members all over the country, heads the management, appointed by the governing council, which supervises the day-to-day functioning of IPRS. The company’s head office is in Mumbai. Additionally, to the head office, the company administers its functioning from branch offices all over India in Chennai, Delhi, Kolkata, etc.
Documents required to obtain IPRS License for Events
Following are some vital documents that need getting an IPRS license for events:
- Personal details such as name, address, nationality
- Details regarding the business
- Details list of music types that you will play
- If you are in the LLP business, then you must submit the certificate of alliance
- PAN Card
- A GST registration certificate
- Address proof like as Electricity bill, Driver’s license, voter ID Card, Aadhar Card
Procedure for obtaining IPRS License for Events
Following are the procedure to apply and register for an IPRS License for events-
- Assess the membership form available on the IPRS website
- Members can choose to fill in the online membership form
- Fill in, execute the state and provide details and documents as detailed
- Apply with IPRS and pay an application fee;
- IPRS Membership committee with the membership team will scrutinize the application and details;
- Completed and scrutinized forms are considered and accepted or rejected by the Board on the recommendation of the Committee and CEO;
- The Board’s decision on acceptance is certified by the membership of IPRS at its Annual AGM.
Cost Applicable for IPRS License
The cost applicable for IPRS License varies based on the specific category required for the IPRS license to be fulfilled by the applicant. Nevertheless, to get a general idea, the license fee usually is INR 1.50 per square foot, and the minimum required royalty by the Tariff is INR 50,000.
Penalties for the offender
Section 63 & 63 A. of the Copyright Act define that in events, if a person or an entity does not follow the registration procedure orcopyright and practice activities as in section 51 of the Copyright Act 1957, then that person or entity or company will be guilty of the following penalties-
The penalty by the Article 63 is that if any person infringes the s copyright or other rights:
- Imprisonment of a duration of at least six months and up to three years; and
- Fine at least 50 000 INR and up to 2 00 000 INR.
The sanctions, in article 63, are that when no one infringes copyrights or other rights and repeat offender, then:
- Imprisonment for a term of 1 year up to 3 years; and
- Fine of less 1 00 000 INR and up to 2 00 000 INR.
Therefore, we concluded that without the IPRS License, no one could use the copyrighted music for their benefit. Before applying for any IPRS License, one has to be sure about the type of License application. The procedure for obtaining the license is not very straightforward. Thus, the decision for hiring a professional is recommended to get an IPRS License in India.
Read our Article:Things to know about Music License in India