Copyright for Public Performing Right

The Right to Publicly Perform is the copyright owner or someone they authorise may perform their works publicly. It is issued by the Registrar of Copyrights in India.

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What is Copyright?

Copyright is nothing but an exclusive right granted to the creator for his or her work, signifying that the work is regarded as original and strictly prohibited from being copied. The creative work for which you intend to get copyright may be in the literary, artistic, educational, public performance licence, music, digital performance, film, or any other creative form. If you copyright your work, no one else will be able to duplicate, replicate, or copy your original work in any other way. Because of this, copyright public performance rights are in great demand.

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.

In cases where copyrights are granted by public law, they are regarded as "territorial rights." This indicates that you are not permitted to expand the boundaries of a copyright registration that has been authorised by the legislation of a certain state. In fact, according to public law, a copyright expires 50 to 100 years after the creator passes away, depending on the state's jurisdiction. 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.

What are Public Performance Rights?

The right to perform in public refers to the ability to play music. Public Performance Rights are the authorised use of a movie or video (a kind of media) for public viewing (PPRs). These Public Performance Rights are typically managed by the media producer or distributor. Through a Public Performance License, the right's holder is able to transfer the PPR to another party. It does fall under the purview of copyright registration law and requires that the publisher and composer of the music be paid. The performances are deemed "public" if they take place in a public setting and the audience consists of people who are not close acquaintances or relatives. These public performances include live music venues like nightclubs and restaurants as well as broadcast and cable television, radio, and any other type of transmitted live music. A significant rights organisation or the owner of the copyright must grant authorisation before using a music in public. If any of the following statements are accurate, the act qualifies as a public performance:

  • 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 organised 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?

Public performance rights music is included in some of the DVD movies available at the library, but not in the majority of them. The PPR DVDs are typically either documentaries or instructional movies. However, copyright performance rights are not granted for the library's feature films. In order to cope with it, the public performance copyright law is equally crucial.

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?

All publicly screened media are the property of their respective owners, who are both accountable and liable for acquiring the performance rights

You might need to get in touch with the distributor or producer directly for other movies. It should be emphasised that it may be difficult or impossible to locate the rights holders—who may be the owners—and get the PPR for foreign films, indie films, and older films.

Documents required to Copyright Performance Rights

List of Documents required to be submitted by Hand/ By Post along with the application

  • Get your paperwork done right for your proposal.
  • 2 copies of your work.
  • DD/IPO of ₹ (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.

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.

Certain acts that appeared to violate copyright in 1957 were declared not to be infringements by section 52 of the Copyright Act. The following list includes public performances of audio recordings and musical pieces that do not violate copyright. 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:

Three copyrights are normally attached to a recorded song and should be taken into account before using the original version. The sound recording, the literary work (lyrics), and the musical composition (rhythm and harmony) (the right proportion of musical work and literary work). As a result, each performance will have certain rights that the owner must formally transfer or share.

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