Music License for Restaurants in Rajasthan

Every Restaurant has prime motive to deliver the best services to their customer. Nowadays, food without Music sounds boring and hence music became essential ingredient to be present by restaurants for their customer. It causes an emergence of taking music license under the Copyright Act, 1957 to protect the rights of music album, singer, publisher or composer. The expert at Legal Window will help you in knowing and obtaining Music License for Restaurants in Rajasthan. We are just call away, contact us on 072407-51000 or email us at @adminlegalwindow.in 

Concept of Music License

As per the Copyright Act, 1957, ‘Musical work’ means a work consisting of music and includes any graphical notation of such work but does not include any words or any action intended to be sung, spoken or performed with the music.” Therefore, a license required for authority, validity and to protect such musical work is called as a Music License. The restaurants have to acquire music license to play pre-recorder or perform a musical work at a public place or for business purposes.

Benefits of obtaining Music License

• The Music license allows artists to showcase their talent to the world legally.
• The Music license helps to enhance the reachability of the song or event of such artist.
• Obtaining a music license ensures the artist or creator of the musical work, not be stolen, duplicated or repeated without their permission.
• It is a good source of earning for the artist. 

Pre-Requisites for obtaining license

• Audible music range.
• The area in square meter up to which the music is audible.
• The number of seats in a restaurant, café or other dining areas.
• You need to specify the areas where music is audible such as restaurant/cafe dining areas, bars or kitchens.
• Types of devices use to play music such as radio, CDs, TV etc.

License issuing authority

• Phonographic Performance Limited (PPL) grants music license to play pre-recorded music at the premises of the food business. In case of any of the following forms can be used to play music in the restaurant:
• Gramophone Records
• CDs
• Music Cassettes
• Radio
• TV, or 
• Any Audio-visual media
• Indian Performing Rights Society (IPRS) – To conduct live performances from singers, live band, or concert at business premises then obtain License under IPRS. 
• Indian Singer Rights Association (ISRA) – Under Section 38 B of the Copyright Act introduced in 2013. The purpose of ISRA is to administer and manage the performance of the singers and share the royalties that is collected among its singers.

License Fees

The fee of the music license is based upon the following factors:

• The type of place
• Number of hours
• Number of songs played
• The capacity of the venue
• The type of food business

The fee for the license is ₹1.50/sq. Feet. Additionally, the minimum royalty under their tariff is ₹ 50,000, etc. The experts of Legal Window will further assist you on the tariff scheme based on the type of activity carried out at your business. 

No need to pay for music that is in the public domain, or the songs that were released in or before 1922 or no need to pay for music played from a television or radio. But if there is local band to play music then you must obtain license to avoid penalties. 

Documents Requirement

You need to submit these documents along with the application to get your music license;

• Name, nationality, address, PAN card.
• Address proof such as Electricity bill, Driver’s License, Voter ID Card, etc.
• Information about the business (in case of LLP, submit the Certificate of Incorporation)
• List of the music to be play. 
• GST Registration certificate, if required.

Registration Procedure to get Music License in India

• Firstly, select the category or type for the music license, i.e., in which category applicant wants to get his music license.
• The create an account online on the official website of IPR by filling details such as the name of applicant, address & contact details of an applicant, Email-id, GST, password, and user-id for login.
• Then online verification through mobile OTP is done.
• Complete the online procedure by payment of government fees online through payment for which the online receipt will be sent to applicant through SMS or E-mail.
• After the successful registration, the IPRS license issue the Letter to an applicant for the confirmation of registration.

Renewal 

Any registered society may renew the license of restaurants in every 5 years.

Offences and penalties

As per section 63 of the Copyright Act, any person who infringes the copyrights or other rights is liable for a penalty as follows:

• Imprisonment – not less than six months which may be extended up to 3 years.
• With a fine – not less than ₹ 50,000 which can be extended up to ₹ 2, 00,000.

Also, under section 63 A of the Copyright Act any person or entity who infringes the copyrights or any other rights and is a repetitive lawbreaker is liable for punishment as follows:

• Jail term – not less than 1 year and which may be extended to 3 years.
• Also, with a fine – not less than ₹ 1, 00,000 and can be extended to ₹ 2, 00,000. 

Conclusion

If the restaurants are using the work of artists, then their contribution must be recognised and compensated and that is the essence of Music License. 

Are you still playing music at your restaurant without paying for it? Then don’t take risk. Go get a license to play a music in restaurants of Rajasthan, the legal window is the right place to get assistance. Our team of experts assures the smooth and convenient generation of Music License for restaurants in Rajasthan.