What is IPRS License? - Procedure for IPRS License Online

Musicians, including singers, lyricists, composers, producers, etc., copyright their work to protect them from being used without permission or copied by others. In India, musicians have established copyright societies to grant licenses for performing or using copyrighted songs and distribute the royalties to their members. One such copyright society is the Indian Performing Right Society (IPRS). 

Music lyricists, publishers, composers and music owners are members of the IPRS. The IPRS license grants permission for the public performance of copyrighted music of IPRS members, i.e. authors, composers and publishers. The IPRS collects royalties from music consumers and splits them amongst the members after subtracting administrative costs. This article states what an IPRS license is and how to get an IPRS license.

Indian Performing Right Society (IPRS)

The IPRS was established in August 1969 as a non-profit organisation. It is a company limited by guarantee registered under the Companies Act of 1956, currently the Companies Act of 2013. It is also registered under the Copyright Act as a copyright society to demonstrate legitimate ownership of copyright.

It awards licences to music customers for using musical and literary works under Section 33 of the Copyright Act of 1957. It has agreements of reciprocal representation with similar copyright organisations in more than 50 countries throughout the world. It authorises these sister societies to administer their member’s rights in their respective countries, and the sister societies authorise the IPRS to administer the rights of their members in India. 

The IPRS membership includes all Indian authors, music publishers and composers whose works are publicly performed. The meaning of music publishers, authors and composers are as follows:

• Composers mean music directors
• Authors mean music lyricists
• Publishers mean music companies or people acquiring the publishing rights of the literary and musical works
• Writers mean authors and composers

What is IPRS License?

The IPRS grants the IPRS license to music customers for using IPRS works. It is a blanket licence for a reasonable annual charge, enabling the license holders to use copyrighted works in compliance with the Copyright Act, 1957. It is a permission or authorisation in writing enabling the license holder to use copyrighted songs or music in public performance, communication to the public by streaming, broadcasting or any other wireless or wire diffusion of the works controlled by IPRS on behalf of its members and affiliated societies members throughout the world.

An IPRS licence is required for any public communication or performance of copyrighted music under its control, irrespective of the nature of the entertainment, premises where the performance takes place and whether there is an admission charge.

It is issued for the performance of copyrighted music in various categories of premises, including clubs, cinemas, dance halls, concert halls, town halls, hotels, public houses, shops, restaurants, universities, aeroplanes, hotels, sports stadiums, etc. The license covers live and public performances by mechanical means, such as radio, jukeboxes, television, background music devices, records players, etc., in various premises.

Importance of IPRS License

According to the Copyright Act, 1957, the following persons using copyright material have a responsibility to the copyright owner:

• Organiser/promoter of a live event involving music
• Owner of the premises of a live event involving the public performance of music
• Music performers

A performer, singer and purchaser of a music piece, song or commercial recording does not entitle that individual to perform the work embodied in the recording or copy in public. It merely entitles an individual to perform the work in a domestic circle where performing rights do not operate. Any individual or entity performing, using or reproducing the copyrighted works of the IPRS members in public are required to obtain the IPRS license.

IPRS license is also required to communicate to the public musical and literary works incorporated in sound recordings during live events. Additionally, platforms that utilise music, such as television broadcasters, FM radio, OTT platforms, online streaming platforms, mobile/telecom players who utilise music of IPRS members are required to secure a license from IPRS and pay the author’s royalty share to the IPRS.

Generally, IPRS does not grant a license to performers but it requires proprietors of premises where music is publicly performed or the promoters of musical entertainment events to obtain licenses before using IPRS works.

IPRS Offices 

The IPRS provides licenses via its registered offices. The IPRS registered corporate office is located in Mumbai. The IPRS branches are located in the following areas:

• Delhi
• Kolkata
• Chennai

How to Apply for IPRS License?

Following are the steps to apply for and obtain an IPRS license:

Step 1: Visit the official IPRS website.

Step 2: Click on the ‘Licences’ tab, select the ‘Licence Payment’ option and click on the ‘Licensee Portal’ option from the drop-down list.

Step 3: On the next page, click on the ‘New Registration click here’ option.

Step 4: Fill the ‘Customer Registration’ Form and click on the ‘Register’ button.

Step 5: An email will be sent to the mail address. Click on the link to validate and activate your IPRS account.

Step 6: Go to the IPRS Customer Login page. Enter the username (email ID) and password and click on the ‘Login’ button. 

Step 7: Click on the ‘Apply for License’ option.

Step 8: Enter the details on the license form, i.e. basic details, tariff details, venue and song details, and click on the ‘Continue to Payment’ button.

Step 9: Select the payment mode (debit card, credit card, net banking or UPI) and pay the required fees.

Step 10: After the payment is made, the IPRS will issue the IPRS license.

Documents Required for IPRS License

The following documents are required to obtain an IPRS licence:

• PAN card
• Information about the music genres applicant wants to play
• List of songs to be played
• GST registration certificate
• Address verification documents, such as a driver’s licence, electricity bill, voter ID card, etc
• Aadhar card

IPRS License Cost

The IPRS license cost varies depending on the location, and musical composition proposed to be used. Usually, the license fee is Rs.1.50 per square foot, and the minimum required royalty under the tariff is Rs.50,000.

The on-premises tariff is based on the square footage of the premises where the music is proposed to be used. You can find the different tariff rates for different premises here. Additionally, GST is charged at an 18% rate. 

Penalty for Violation of Copyright Act

When a person or entity reproduces the copyrighted music of IPRS members without obtaining the IPRS license, it amounts to infringement of the copyrighted music. The penalty for infringement is as follows:

• Minimum imprisonment of six months with a maximum of three years
• Minimum fine of Rs.50,000, which can exceed up to Rs.2,000,000

When the offence of infringement is repeated, the penalty is as follows:

• Minimum imprisonment of one year in prison with a maximum of three years
• Minimum fine of Rs.1,00,000, which can exceed up to Rs.2,000,000

The Indian Performing Right Society (IPRS) is an organisation that provides licences to use copyrighted musical and literary works for live performances and other public performances primarily used for commercial purposes. When a person or entity fails to obtain the IPRS license for performing or reproducing the copyrighted work in public of the IPRS members, it amounts to infringement, and such a person will have to pay the penalty for such infringement.