Copyright for Public Performing Right

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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.

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. 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 licensing
  • 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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    What are Public Performance Rights?

    Performing right is the right to perform music in public. The legal right to publicly show a film or video (media) is called Public Performance Rights (PPRs). Generally, the media producer or the distributor manages these Public Performance Rights. The holder of the rights can assign the PPR to others through a Public Performance License. It is, indeed, a segment of copyright law and demands payment to the music's composer/lyricist and publisher. If the performances take place in a public place and the audience is outside of a normal circle of friends and family, then the Performances are considered as "public". These public performances include concert nightclubs, restaurants, broadcast, and cable television, radio, and any other transmitted performance of a live song. To publicly perform a song, permission must be obtained from the copyright holder or a major rights organization. It is recognized as a public performance if any of the below-mentioned are true:

  • The screening is open to the public.
  • When access is not restricted.
  • The screening is in a public space, for instance, auditorium, library, ground, etc.
  • Persons attending are from outside the general crowd i.e. the visitors.
  • When are Public Performance Rights required?

    PPR is needed if you are screening any copyrighted media to audiences for purposes that are considered as the outside of the regular curriculum-based directive. They are:

  • Students or the institute organized events such as movie nights.
  • Meetings, programs, presentations or other events on campus
  • Film series or festivals
  • PPR Is Not Essential For:

  • Viewing the home or personal devices (individual viewing, viewing with family/friends, classroom viewing, study groups viewing).
  • Screening media in the situation of face-to-face teaching of the regular curriculum-based networks.
  • Do the library's films need public performance rights?

    Some of the films showcased in the library's DVD collection such as the public performance rights music, have PPR but most do not have the PPR. The DVDs consisting of the PPRs are generally either documentaries or educational films. However, the library's feature films do not have copyright performance rights. The public performance copyright law is also an essential part to deal with it.

    Moreover, Netflix makes a few hand-picked films available for educational screenings. Some of the libraries do not have a subscription to Netflix, so you will have to use a personal account. For other services issued by Netflix, you will need to read the terms and agree with it for any usage of the content in the zone further.

    What are the restrictions if I have public performance rights for screening?

    When a DVD or the work is purchased, the right concerning the PPT might vary according to the distributors. The screenings can also vary according to the rights and can also be restricted in one or the other way as follows:

  • GU community only
  • On-campus use only
  • No admission fee
  • Audience size is limited, for instance, 50 or 100 viewers
  • No need for advertising
  • Educational use only
  • How can I get public performance rights (PPR) for a screening on campus?

    Individuals and organizations are responsible and liable for acquiring the performance rights for all publicly screened media.

    For other films, you may need to contact the distributor or the producer directly. It is to be noted that finding the rights holders who may be the owners and obtaining the PPR for foreign films, independent films, and older films may be difficult or impossible.

    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 acquired by producing an application along with the fees to the appropriate regional office of the PPL.

    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 plays recorded music in public.

    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.
  • Let us see an example of copyrighting a recorded song:

    A recorded song would typically have 3 copyrights, which are to be considered before using the original version of it. The musical work (musical rhythm and harmony), the literary work (lyrics) and the sound recording (the right proportion of musical work and literary work). Therefore, each performance will have its rights that should legally be transferred or shared by the owner.

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