Copyright for Public Performance License

Feeling overjoyed by the recognition & appreciation received for your public performance? Then you must copyright it to prevent any reproduction, copy or imitation.

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What is Copyright?

Copyright is nothing but an exclusive right given to the creator for his/her work which symbolizes that the work is considered to be a unique one and strictly not to copy someone’s work. The creative work for which you want to get copyright may be in a literary, digital performance, cine field, artistic, educational, public performance license, music or in any creative form. If you protect your work by copyright, then no one can copy, imitate or reproduce the original work of yours in any other possible way. That’s why there is a high demand for copyright public performance rights.

Copyright is used by one to protect the original expression of an idea in the form of some creative work, but not the idea itself. Copyright does not protect ideas, facts, systems, or methods of operation, although it may protect the way how these things or emotions are expressed.

Copyrights can also be given by the public law and are in that case, they are called "territorial rights". This means that you cannot extend your copyright license which is granted by the law of a certain state, cannot go beyond the territory of that specific jurisdiction. Copyrights of this type vary by country. It should be noted that many countries around the globe and sometimes a large group of countries have made agreements with other countries on the copyright license being applicable when works "cross" national borders. Indeed, the public law states that the duration of a copyright expires 50 to 100 years after the creator dies, depending on the jurisdiction of the state. Copyright can be considered for the following works:

  • Music
  • Drama
  • Manuscripts
  • Digital forms
  • Books
  • Films
  • Paintings
  • Performances
  • Fashion Designs
  • Sound recording
  • Software
  • Literary Work
  • Mechanical
  • Training Manuals, etc.
  • What is a Public Performance License? What is a Performance Right?

    Public Performance License (PPL) is a license or an agreement between a music user and the owner of a copyrighted song. This license would grant permission to play the song in public or radio. They are also called Public performance rights, Performance rights or performing rights.

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    Benefits of Copyrighting Public Performance License

  • Getting a copyright for Performance rights will highly prevent the monetary loss
  • The major importance of getting the copyright is that one can have the legal protection and legal evidence of the work done
  • Protects reputations
  • You can hereby have more revenue generated
  • Publicly your work will be notified and recognized
  • How much does a public performance license cost?

    Well… We will answer here how much does a public performance license cost. There may be many factors like dependent or the venue play a major role. So, the public performance license cost can vary.Each licensing company has a different or list of venues ranging from restaurants or retail stores or in any public place. Each of these categories gets broken down even further by several people or the venue. If the venue is a birthday party and contains more than 50 people that might cost one rate. If the venue is a nightclub and contains more than 300 people it may cost high which is when the fee depends only on the venue and the people gathered. The best way to get information about public performance is to start the process as soon as possible. If our work is right then the problem would be less. If the book, song, and venue are correct with the right paperwork then the party is peace of mind.

    Documents required to Copyright Performance Rights

  • Get your paperwork done right for your proposal.
  • 2 copies of your work.
  • DD/IPO of Rs. (as applicable) per work.
  • NOC (No Objection Certificate) from the publisher if the applicant is other than publisher and work is published.
  • NOC from the author if the applicant is other than the author.
  • If the application is being filed through an attorney, a specific Power of Attorney is duly signed by the applicant and accepted by the attorney.
  • List of Documents required to be submitted by Hand/ By Post along with the application

    Procedure for Obtaining a Public Performance Rights

    Public Performance Copyright law is simple. The license can be obtained by making an application along with the fees to the appropriate regional office of the PPL. Licenses are available all over India.

    What are the needs for a Public Performance Right?

    Licenses are required whenever a person performs a song which was not written by him/her or play recorded music in public. A Public Performance License is required no matter how small the song might be.

    How do I get a Public Performance License?

    Business owners in the US should contact the agency that handles all the Public Performance License. We have to report the playlists to these agencies and a small percentage of revenues for royalties must be included, then the agencies will distribute the respective to the copyright holders.

    When should I have my Public Performance License in place?

    Public Performance License must be secured before playing copyrighted music in public. New business owners should take care of expenses and incorporate public performance licenses.

    Music Licensing for Public Performance.

    PPL permits people to perform music in public. The song which is being performed requires a license. The license is required to perform sound recording in public and it is more limited. And it is required when the sound recording in public is offered via the internet or any digital means. If the song is played in any restaurant or retail stores they are also public performances. Most public performance licenses are issued by one of the performing rights organizations (PRO). They are

  • ASCAP
  • BMI
  • SESAC
  • GMR
  • Each pro controls the different catalog of songs. The PRO will issue the blanket license and much more allowing us to perform in public for any song in that PRO catalog. If a famous song is played in public then we should need a public performance license from the copyright holder of the song. That company would affiliate with BMI for their public license needs. If suppose we have an appropriate blanket license then BMI will allow us to perform the famous song in public. The PRO will make it easy to get a public performance license. ASCAP, BMI, and SESAC have an online presence where we can determine the specific license that we will need and pay it online.

    Exceptions where Public Performance does not Constitute Copyright Infringement.

    In 1957, according to section 52 in the copyright act, certain acts that were appearing as a violation of copyright, do not constitute infringement. The acts of public performance of sound recording and musical works which do not constitute copyright infringement are given below. They are…

  • New fund generating or for benefits of the religious constitution
  • Playing sound recording in a certain circumstance.
  • Performance by the staff of Educational Institution
  • Performance or communication in the course of religious ceremony.
  • Practical Factors that affect the implementation of Public Performance Rights

    There is no doubt about the copyright law for the songs that stands today. The substantial part of the copyright law contains provisions which preclude the violation of these rights. But the actual trouble or the problem starts with the actual implementation of all these provisions. These can be solved by following the key challenges faced by the copyright owners and copyright societies by receiving rightful royalty and credit their copyrighted works in communication to the public are certain suggested solutions for all these problems.

    Why should one get their work registered under public performance copyright law?

    It is not mandatory to get copyright protection but it is always safe to get one. If you deny getting one, then your work might be easily copied or forged by someone else. And remember that the one to get the copyright protection first will be valued and accepted. By getting a copyright license, you will be able to celebrate your ownership of your work for a minimum period. This tends to be a motivation factor for the owner to present more works of his/her ideas and themes. Hence, a person should protect his hard work by registering for a copyright license.

    Why Vakilsearch to Copyright Performance Rights?

    Vakilsearch is India’s largest professional platform of lawyers, chartered accountants, and company secretaries-with years of experience behind. We execute legal work for over 1000 companies and LLPs every month, by leveraging our tech capabilities, and the expertise of our team of legal professionals.

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