All About Licensing

The Company generally grants a “license” essentially a permission/ authorization in writing, enabling a user to exploit IPRS works. The IPRS license is usually a blanket License for a moderate annual or other charge which enables the holders thereof to comply with the provisions of the Copyright Act, 1957. These licenses authorize the public performance, communication to the public by broadcasting, streaming or any other diffusion by wire or wireless of any of the millions of works which IPRS controls on its member’s behalf as well as on behalf of the members of its affiliated societies throughout the world.
In certain cases, ‘permits’ are issued for the use of the repertoire or of specific works at one performance or at a short series of performances. An IPRS license is necessary for any public performance/communication to the public of copyright music under its control regardless of the nature of the entertainment or the kind of premises at which the performance takes place and irrespective of whether a charge for admission is made. Importantly in the context of licenses it is important to note that IPRS does not grant licenses in respect of the collection of member Royalty Right – if the Publisher/Owner is not a member of IPRS – but only collects Author/music composer member share with a clearance of such payment.

Generally any individual/entity exploiting IPRS works is required to secure a license from IPRS. In terms of the Copyright Act, 1957, the promoter/organiser of a live event which involves public performance of music, the owner of the premises at which the performance takes place and performers themselves have a responsibility to the owner of any copyright material that is used. Generally speaking, the Society does not license performers but requires responsible proprietors of premises at which music is publicly performed or the promoters of musical entertainment events to secure licenses prior to exploiting IPRS works. IPRS license is also required for the performance/ communication to the public of literary and musical works incorporated in sound recordings during live events as well. Additionally, platforms which utilize music such as FM radio, television broadcasters, online streaming/OTT platforms, telecom/mobile players are required to secure a license from IPRS in respect of its repertoire and/or pay Author’s royalty share to IPRS in respect of IPRS author members only.
Just as purchasing a printed copy of a theatrical play that is in copyright does not entitle the purchaser to perform the play in public, so also the purchaser of a copy of a piece of music or of a commercial recording, does not entitle the purchaser to perform in public the work embodied in the copy or recording. It merely entitles him to perform the work in his domestic circle, where Performing Rights do not operate.
The Company’s licenses cover both ‘live’ performances and performances by mechanical means, e.g. Juke boxes, Radio and Television sets, records players, background music devices, and so on. They are issued for numerous categories of premises, including cinemas, clubs, concert halls, dance hall, bingo halls, hotels, town halls, church halls, public houses, restaurants, shops, factories, universities, ships, aircrafts, sports stadium and many others.

No. IPRS does not collect royalties or issue licenses for marriages or social festivities associated with marriages as per the law in India which exempts such usage [Section 52(1)(zb) of the Copyright Act, 1957].

The royalty charges payable by licensees (which are normally payable annually in advance) are calculated by IPRS under a series of carefully devised tariffs which take account of the different circumstances in which music is performed in the various categories of premises and classes of entertainment, the value of music to such venues or platforms, comparable license fees and other applicable parameters. The IPRS Tariff Scheme is available at-Click Here.

IPRS has made its song repertoire available to search by the general public at – Click Here. In excess of 6,00,000 song titles are available for search on the IPRS Song database. The Song database is being updated constantly and consequently may not be exhaustive. If the song is not available on the song database, prospective licensee can right to IPRS to secure feedback and information

Licensing forms are downloadable from the IPRS website at Click Here. One can download a form either for live/DJ performances, or use the ‘General Licensing Form’. Alternately, one can also contact IPRS directly to discuss the form of license required for any specific purpose. IPRS has a “No Cash” Policy to ensure transparency and boost digital payments to further the objectives of the Government of India –
Click Here

As per its Registration Certificate, IPRS has been registered to carry out the copyright business in ‘musical works’ and ‘literary works associated with the musical work’. On the other hand, private entities such as PPL and Novex administer rights in the sound recording. When a song is played, both:
(i) the sound recording as well as
(ii) the underlying musical and literary works, get utilized, and separate licenses need to be taken for each category. While the first license (for sound recording) can be obtained from owners of sound recordings, the latter license (for the musical and literary works) must be obtained from IPRS alone if such rights owners are members of IPRS. IPRS only issues license on behalf of its copyright owner members and also collects authors royalty share on behalf of only its author and music composer members even if the copyright owner is not a member of IPRS.

Not if the work is still protected by copyright law. One can make translations only if the author thereof has been dead for more than 60 years i.e. is the work is in ‘public domain’. If he is still alive, or if his death occurred less than 60 years ago, you must first obtain permission from him or from whoever owns the copyright in that lyric. As explained in these FAQs, an author has the exclusive right to make or to authorize anyone else to make such an adaptation. This means that neither you nor anyone else may do so without his permission. Translating a lyric amounts to making an adaptation thereof, and the same applies to setting it to music. In both cases you require the permission of the copyright owner. However, this applies only to lyrics which are still in copyright-in other words, any lyric of which the author is still alive or has been dead for less than 60 years. If the author has been dead for longer than that, his lyric is “in the public domain” and you are at liberty to translate it or set it to music without further ado. If you wish to translate or set to music a lyric which is still in copyright, and you do not know where to find the copyright owner, IPRS may be able to help you to get his address.

No. These are at best described as myths. Sampling as a general rule will amount to copyright infringement if it is unauthorized/ unlicensed. Courts normally follow the qualitative (rather than the quantitative) rule for assessing substantial reproduction in infringement cases. While to be clear each case is defined by its own facts and extent of use, the risk from copyright infringement claims certainly outweigh unlicensed use basis on some myths.