WHAT IS RMPL (RECORDED MUSIC PERFORMANCE LIMITED)
The Recorded Music Performance Ltd. (RMPL) is authorised and exclusively controls public performance rights and radio broadcasting rights (sound recordings) of member companies, including both non-film and film songs of its members, who are music labels. All licences granted and issued by RMPL are conditional, non-exclusive and for limited period and purpose. There is no transfer of effective title, control, custody or possession or ‘right to use’ of copyrights, which vests solely with the owner.
A Recorded Music Performance Limited License is a legal permit that allows you to play recorded music in public settings. This license covers the playing of music that isn’t performed live but instead comes from CDs, MP3s, streaming services, or any other recording. So, if you’re blasting your favourite playlist in a café, bar, store, or any public space, you need this type of license to do it legally.
Think of it as a bridge between music creators and businesses that love to share music with their audience. The license ensures that musicians, producers, and songwriters get fair compensation whenever their music is played publicly. Without it, you could face fines or legal trouble—and nobody wants that headache! This license helps keep things simple, so you can focus on making your space enjoyable for customers
Key Functions of the License: Protecting Artists and Supporting Businesses
RMPL functions as a “single window” to users. User is saved the trouble of locating and negotiating with individual owner, his heir etc.; and vice versa. RMPL distributes away the royalty earnings, after deducting its actual administrative and running costs.
Public Performance Licence(Background music) – One needs to obtain this licence for playing / communicating sound-recordings in commercial establishments /public environment (i.e. excluding domestic home and private vehicle) — in the background. A shopping mall or hotel which has obtained a “background music” licence needs to take a separate licence for its salon, restaurant, lounge bar, spa, discotheque, shops, etc. A licence taken for “Background music” does not entitle the licencee to exploit the licensed sound-recordings in an event or stage or dance-floor or show or concert, etc., for which a separate/additional “Events” licence is required to be taken.
Public Performance Licence for Events – One needs to obtain this Licence for playing of sound-recordings recordings in an event or stage or dance-floor or show or concert, etc. where performers perform on stage or a designated area. Also, a hotel or shopping mall or banquet-hall or discotheque or ball-room which has obtained a mere “background music” licence needs to obtain separate licence for any Event (including shows, fashion shows , promotions, sports events, DJ parties, etc.) held in its premises.
REGISTRATION OF RMPL AS A COPYRIGHT SOCIETY
The Recorded Music Performance Limited (RMPL) is an organization that works to manage and license the public performance and radio broadcasting rights of its member companies. On May 22, 2018, RMPL had applied to the Registrar of Copyrights for its registration as a ‘Copyright Society’ that would function in the copyright business of ‘sound recording works’.
On June 18 2021, the Registrar of Copyrights has granted due registration to RMPL as a Copyright Society under sub-section (3) of Section 33 of the Copyright Act, 1957 with the Registration No. CS/03/SOUNDRECORDING/18. This registration allows RMPL to commence their work of licensing and managing copyrights.
Under the Copyright Act, a copyright society functions as a collective management firm, wherein it manages the interest of copyright holders and issues/grants license for such works. Copyright Societies are helpful and beneficial to individual authors and copyright holders as they provide an organizational structure for legal exploitation of copyright and for collecting royalties.
The RMPL has specified that the licenses issued by it are conditional, non-exclusive and can only be exercised for a limited period.
Although Section 33(3) of the Act states that ordinarily only one copyright society shall be registered to do business in respect of the same class of works, RMPL India is the second Copyright Society to be registered in the class of ‘sound recordings work. The first, was the Phonographic Performance Limited India which was registered as a copyright society from 1996 till May, 2014. The application for re-registration of Phonographic Performance Limited is pending before the Government.2 It remains to be seen whether this application would be affected by the registration of RMPL as a Copyright Society or not.
Link to the public notice declaring RMPL as a copyright society: https://copyright.gov.in/Documents/PublicNotice51.pdf
UNDERSTANDING THE BASICS: EXPLORING LICENSE CATEGORIES OF RMPL
When it comes to Recorded Music Performance Limited licenses, one size doesn’t fit all. The music world is diverse, and so are the needs of businesses that use recorded music. That’s why there are different license categories tailored to specific situations. Each category is designed to make sure businesses comply with copyright rules while getting the most out of their music. Let’s break down the different license categories so you can find the one that suits your needs best!
Public Performance Licenses: For Hotels & Restaurants, Bars, Pubs and Public Spaces
The most common type of RMPL license is the Public Performance License. This category is perfect if you own a bar, restaurant, or any public space where music is played to create a welcoming atmosphere. Whether it’s background tunes in a cozy café or upbeat tracks in a bustling bar, this license has you covered. Public Performance Licenses allow you to legally play recorded music in public, ensuring that your business adds that extra touch of ambiance without worrying about copyright infringements.
Digital Music Streaming Licenses: For Streaming and Broadcasting
If you’re streaming music online or broadcasting it in any way, you’ll need a Digital Music Streaming License. This category is essential for businesses that provide music through online platforms, such as streaming services, online radio stations, or web-based playlists. With a Digital Music Streaming License, you can legally stream recorded music to your audience, ensuring that you’re following copyright regulations in the digital space.
Streaming music might seem less formal than playing it in a physical location, but it still requires proper licensing. A Digital Music Streaming License helps you avoid copyright issues, making sure you don’t run into any legal snags while sharing tunes online. Whether you’re setting up a digital jukebox or running a live-streamed event, this license keeps things simple and straightforward.
One-Time Event Licenses: For Concerts and Special Occasions
Planning a one-off event like a concert or a special party? A One-Time Event License is your go-to option. This category is designed for events that don’t happen regularly—think annual company parties, charity fundraisers, or grand openings. It covers the use of recorded music for a limited period, letting you legally create an unforgettable event with the perfect soundtrack.
One-Time Event Licenses are great for businesses that don’t regularly play music but want to go all out for a special occasion. You get to use recorded tracks without committing to a long-term license, making this category flexible and budget-friendly. It’s a smart choice if you want to make sure your one-time gig is legally sound without overcomplicating things.
Blanket Licenses: All-In-One Coverage for Frequent Music Users
For businesses that rely on music as a key part of their atmosphere, a Blanket License might be the ideal solution. This category covers the use of recorded music in various settings without needing separate licenses for each type of usage. Think of it as an all-in-one package that lets you play music whenever and wherever you need, without any hassle.
Blanket Licenses are perfect for establishments like gyms, hotels, or retail stores where music plays a constant role. It simplifies the process by giving you broad coverage instead of needing individual licenses for every scenario. You pay a single fee and enjoy the freedom to use music throughout your operations, whether it’s background music, event tunes, or workout playlists.
Why Choosing the Right License Matters
Each license category has its own rules and limitations, The PPL, NOVEX and IPRS mislead the public, they are private bodies also not registered as copyright society and not officially authorised by government so choosing the right one is essential. Picking the appropriate category saves you from overpaying for coverage you don’t need or, worse, getting fined for using music outside of your license. Understanding the nuances between categories can also help tailor your music choices to fit your brand, making sure you stay true to your business’s vibe while respecting copyright laws.
Taking the time to select the correct license might seem like a hassle, but it’s well worth it. It’s a small step that makes a big difference, allowing you to confidently use music as a tool to enhance your business. You get to focus on the fun parts—like picking the best playlists—while the license handles the legal side of things.
No basis of calculation of license fee and no standard and exemption not provided:
As per constructive reading of provision of 51(za) of the Copyright Act, 1957 along with the explanation made thereunder, it is specifically mentioned that the following activities do not constitute infringement of Copyright “(za) the performance of a literary, dramatic or musical work or the communication to the public of such work or of a sound recording in the course of any bona fide religious ceremony or an official ceremony held by the Central Government or the State Government or any local authority.
Explanation.— For the purpose of this clause, religious ceremony including a marriage and other social festivities associated with a marriage” Specifically the section exempts that religious ceremony including a marriage procession and all other social festivities associated with marriage which includes in Hindu Marriages Sangeet, Haldi, Bhaat, Nikasi, Barat, Swagat, Varmala, Phera, Vidai, Dinner Reception, and all other minor or major social activities and festivities included thereunder.
Charging an unreasonably high fee without any standard and without any authority of Law is not only acceptable under the Law. Further, specifically when the Law provides an exemption, there is no requirement for anyone else to issue a so-called License or NOC.
Provisions regarding Tariff schemes which are to be charged by a Copyright Society are mentioned under the Copyright Act. This provisions specifically mentions that while making the said tariff, Copyright Society has to consult a User Group i.e. the person who is going to use the said license under the said tariff in so far as to make sure that the said tariff is not unreasonable. These are not complied by NOVEX & PPL and therefore they cannot charge a single rupee whatsoever.
https://www.rmplindia.org/selectcategory.php
License already obtained from RMPL
RMPL is the only notified Copyright Society in India who has the power to issue licenses in respect of Musical Work as mentioned in the foregoing paras and can be checked through the official Copyirght.gov.in website. As per Section 33 of the Copyright Act, it is specifically mentioned that “Provided that the Central Government shall not ordinarily register more than one copyright society to do business in respect of the same class of works.” RMPL does the same kind of business under the same class of work i.e. Musical.
Once the license is obtained from them, there is no need to obtain any more license under the Act from anyone else as it would only ensure mayhem and duplication of license fee as there is no clear demarcation as to how many musical works come under one society and how many come under the other and it is impossible for a normal user to figure out and navigate various societies depending upon the music actually played at a wedding reception which itself is exempted.
Without prejudice, IPRS accepted the fact that there is no license fee for marriages and weddings and related events and processions therefore they also issued us with the license which has been provided to you by my client.
STEP-BY-STEP PROCESS OF A RECORDED MUSIC PERFORMANCE LIMITED LICENSE
Getting a Recorded Music Performance Limited license doesn’t have to be a headache. In fact, it’s a straightforward process once you know what steps to follow. Whether you’re a café owner, a gym manager, or a local event planner, the right license makes your music use legal and stress-free. Let’s walk through the step-by-step process so you can get your license with confidence!
Step 1: Determine the Type of License You Need
Before you start filling out forms, you need to determine which category of the Recorded Music Performance Limited license fits your business. Are you a small café that plays background music, or do you host live events with recorded tracks? Different categories cover different uses, so it’s crucial to pick the one that aligns with your needs.
It might seem a bit tedious, but taking time to get this right will save you from potential fines later. Many licensing bodies offer online tools or guides to help you decide which license suits your business. If you’re still unsure, a quick call or email to the licensing authority can clarify everything.
Step 2: Fill Out the Application Form
Apply from the official site of RMPL: https://www.rmplindia.org/index.php#applylicense Now comes the actual application. Most licensing authorities provide online forms that are straightforward to complete. Make sure to fill in every detail accurately, especially when it comes to your business address and contact information. It’s easy to get caught up in the excitement of using music, but slow down here and read each question carefully.
Step 3: Submit the Application and Pay the Fees
Once your form is ready, it’s time to submit it. Depending on the licensing body, you might be able to submit everything online. This step often includes paying a fee, which varies based on the license type and scope. Be sure to check the fee structure before you submit, so you’re not surprised by any costs. Tariff of Recorded Music Performance Ltd. (RMPL)
Step 4: Get Your License and Keep It Safe
Congratulations! If everything checks out, you’ll receive your Recorded Music Performance Limited license. This is the green light you’ve been waiting for—it’s official, you’re now licensed to play recorded music legally! Make sure you keep a copy of your license somewhere safe, whether it’s a digital file or a printed version.
Having your license easily accessible is important in case you need to show it during an inspection or renew it down the road. It’s also a great idea to note the renewal date on your calendar so you can stay on top of any future paperwork.
CONCLUSION
The Recorded Music Performance Limited (RMPL) license is the gold standard for anyone looking to play recorded music in public spaces. It’s a straightforward and comprehensive solution, giving you the legal right to enjoy music in your business without the hassle of juggling multiple licenses. With RMPL, you’re not only complying with copyright laws but also supporting the artists whose work helps create the perfect atmosphere for your customers.
By choosing the RMPL license, you avoid the confusion of needing additional permits and can focus on what truly matters—delivering a great experience for your audience. It’s the reliable, official license that covers all your bases, so you can confidently use music as part of your brand’s identity. Simply put, RMPL makes it easy to get it right from the start.
Wish to read similar articles? Click the link to read more: https://jpassociates.co.in/music-licensing-ppl-novex-iprs/
