This article throws light on the various copyright societies which license the public performance right. A copyright Registration is required for protection and exclusive rights of the product of person’s creative skill and labour. It provides the creator with certain exclusive economic rights. Music consists of a blend of various elements, each of which needs its own separate copyright registration in India.
The Right to perform in public (licenced by Copyright Societies in India):
This is concerned with the right to use another’s work for performance in public be it through any means, visual or aural. The definition covers almost all the circumstances in which music is played be it on a television, radio, live music etc. now the question arises whether whom does the ‘public’ includes. The law has established that if music is played in presence of more than one person whether played in domestic or commercial premises, will be considered as a public performance. The question which should arise is: If performance is taking place ‘in private’ then, will it amount to a ‘public performance’? The conclusion here which should be applied is whether the audience are bound together by a domestic or a private tie or whether by an aspect of their public life. The presumption which should be taken is that, if performance is in respect of a commercial activity, it will be deemed to be a performance in public.
The international conventions:
The Berne Convention for the Protection of Literary and Artistic Works established premier international standards for the protection of the rights of the creators in relation to their works. Article 11 makes it clear that it applies to public performance of musical works.
Similarly, is the Rome Convention for protection of performers. It states that remuneration should be provided to the creators for the communication of their work to the public.
Others include the TRIPS Agreement, which has set up a three step cumulative step to limit the rights of the users of the original creator.
Why is the license required:
A public performance right in the US is required no matter how a small portion of the song you use. Exception: one does not need a license for the songs you wrote yourself or the songs which are in the public domain. This license must be secured before playing copyrighted music in public. Otherwise, the consequences may pose for a heavy penalty.
Typically, the composer or their publisher is paid the royalty. But, if the song or a recording has a new owner, other than the original composer, the royalty is passed on to the new owner. If you don’t get a license done, be ready for the consequences: which can be from a variety of results which includes bad press, fines and penalties and even legal action in some cases.
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