We all know how music plays a huge role in many of our lives. For some the day starts with music and ends with music; parties and events cannot happen without music. Therefore, it’s important to know how to enjoy the music hassle-free without getting into trouble by obtaining proper licenses from the appropriate copyright societies.
According to the Copyright Act, before using recorded music in public it is necessary to obtain the licenses from each and every right owner in the recording. Failing to obtain a license would result in a cognizable and non-bailable offense with huge penalties, which can extend up to 3 years and 2 lakhs respectively under Section 51 and Section 63 of the Copyright Act. Hence, it becomes important to procure the appropriate license from either the duly registered copyright society or the individual owner of the copyright.
What is a copyright society?
According to Section 2(ffd) of the Copyright Act, 1957 “copyright society” means a society registered under sub-section (3) of section 33;]
According to Sec 33 of the Copyright Act 1957
o a copyright Society is formed by authors and owners
o It requires a minimum of seven members for its formation
o Only one society can be registered to do business in respect of the same class of works
o Grant of licenses for any dramatic, artistic, musical, or literary work incorporated in cinematic or sound recording form should be carried out only through a copyright society duly registered under this act.
o The period for registration granted to a copyright society is five years and it can be renewed before the expiry of this period or at the end of it.
Functions of Copyright Society?
o Copyright Societies are formed to collectively administer the works of the copyright owners as it is not practically possible for every author or owner to keep a track of all the uses of their work.
o They keep the work under better vigilance
o They collect royalties for the usage of the work
o The Indian copyright societies have a chance to collaborate with foreign societies and this facilitates the collection of royalties for usage of the work in those countries as well.
It is, therefore, in the interest of copyright owners to join copyright societies to get the maximum economic benefit of their works.
The business of issuing or granting license in respect of literary, dramatic, musical, and artistic works incorporated in cinematograph films or sound recordings shall be carried out only through a copyright society duly registered under this Act.
COPYRIGHT SOCIETIES IN INDIA
According to the website of the Copyright Office of India, the following are the existing copyright societies in India:- For musical works: The Indian Performing Right Society Limited (IPRS)
- For sound recording: Phonographic Performance Limited (PPL)
- For reprographic (photocopying) works: Indian Reprographic Rights Organization (IRRO)
- For cinematograph and television films: Society for Copyright Regulation of Indian Producers of Films and Television (SCRIPT)
- For performers (Singers) Rights: Indian Singers Rights Association (ISRA)
In the next part of the post, we can look into the working of these copyright societies.
