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PPL & IPRS making unauthorised demands for copyright fees

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Restaurants are still being illegally harassed for royalties on music played despite PPL & IPRS not being registered copyright societies.

In the wake of restaurants continued harassment for music royalties by the PPL & IPRS, the NRAI clarifies that neither of the two are authorised to collect such fees unless specifically authorised by the respective artists.

Setting the record straight, the NRAI has released the following notice:

The Phonographic Performance Ltd. (PPL) and the Indian Performing Right Society Ltd. (IPRS) are no longer registered copyright societies under Section 33 of the Copyright Act, as is indicated by them in their letters to the Government (Ministry of HRD) through Registrar of Copyrights vide letters dated May 20, 2014 (Read Letter) and June 20, 2014 (Read letter: Page 1 and Page 2) respectively.

PPL has been raising demands on members to take license for playing of music, quoting Section 30 of the Copyright Act as their authorisation to do so.  However, it is intimated that Section 30 of the Copyright Act does not in any manner grant right to PPL to carry on the business of granting license, without getting registration as a copyright society under Section 33 of the Copyright Act.

Therefore, no license fee is required to be paid to PPL and IPRS.  However, the owner of copyright would be entitled to license fee for the work. It is open to the owner of copyright to assign his rights to a society registered under Section 33 of the Copyright Act.  It is also understood that a new organisation ‘Indian Singers’ Right Association’ (ISRA) has started approaching restaurants for license to play music.

In view of the above, whenever members are approached for license fee from any of the above organisations, they may ask them for the following information to be communicated in writing:

  1. How are they authorised to charge restaurants for the work ‘sound recording’, and what rights do they claim?
  2. Specific arrangements that they have with the copyright holders, for the music that is being played in the restaurant.

ALL RESTAURATEURS – MEMBER OR OTHERWISE – ARE ENCOURAGED TO CONTACT THE NRAI OFFICE FOR CLARIFICATION AND SUPPORT IN CASE OF AN EMERGENCY.

 

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