Ms Sejal Dhakad has written this article,  1^st year BBA LLB from Indian Institute of Management Rohtak.  

Many people are unaware or have vague ideas regarding copyrights in music, which affects how the Indian Performing Right Society Limited operates (IPRS). People frequently inquire, “What is the purpose of IPRS?” 

What is the Indian performing Rights Society? 

In 1969, the Indian Performing Rights Society (IPRS) was established. The copyright licensing and registration of those who work in the music industry is something that this society is concerned about. Most of society’s members are authors, a collective term for songwriters, composers, and publishers. The society protects the members’ copyright and collects royalties on their behalf. Following this, society sends the leftover funds to the affected members after deducting a portion of the royalty as an administrative fee. The Indian Performing Rights Society (IPRS) is now a copyright society registered under Section 33 of the 1957 Copyright Act and the 2013 Copyright Regulations after a protracted, costly legal battle that lasted for years. Many composers, lyricists, and music companies from across the whole music industry have now amicably resolved their disagreements and come together to form one music industry. According to the Bombay Times, this new organization would now be India’s sole official and operational copyright society for musical compositions and related literary works. 

A Governing Council of Directors made up of Writers, Composers, and Publishers, elected by the Members at General Meetings each year from among their number, is responsible for setting policies and running the business. Both publishers and writers have equal representation on the Council. Moreover, composers and authors are equally represented across all regions. The company’s registered and corporate offices are in Mumbai, and it also operates licensing-related branch offices in Delhi, Chennai, and Kolkata. The Indian Performing Right Society Ltd. (IPRS) did not appear out of anywhere. The Firm has changed and prospered over the past several years in both good and bad weather. It is a journey’s diary, complete with its aches, tribulations, and frustrations, but with some success at the end. 

Because of the uncertainty surrounding the country’s copyright laws, the task was extremely challenging and time-consuming. There needed to be more awareness regarding ownership rights due to a severe lack of awareness and information among users and proprietors of copyright material. Due to their affinity for the average citizen of the nation, lack of understanding of the significance of copyright law, and lack of knowledge regarding the nature of the business, the IPRS members themselves were not overly interested in the affairs of the corporation. They needed to familiarize themselves with terms like copyright ownership, performing rights, and licence fees, in addition to the general public. To continue the struggle for a better copyright environment and national awareness, IPRS has to persevere through these trying times and circumstances.

Chairperson of Indian performing Right  Society 

Mr Javed Akhtar, a celebrated Indian poet, lyricist, and screenwriter, serves as the organization’s chairman. He has received prestigious awards like the Padma Shri and Padma Bhushan (1999). (2007). With his poetry book Lava, he won the Sahitya Akademi Award in Urdu in 2013, India’s second-highest literary honour. The writing for Andaz was his first significant success, followed by Adhikar (1971), Haathi Mere Saathi, and Seeta Aur Geeta (1972). He produced some of the greatest classical hits, including Yaadon Ki Baaraat (1973), Zanjeer (1973), Haath Ki Safai (1974), Deewaar (1975), Sholay (1975), Chacha Bhatija (1977), Don (1978), Trishul (1978), Dostana (1980), Kranti (1981), Zamana (1985), and Mr India (1985). (1987).  

Functioning 

• Protecting music 

In addition to ensuring our members’ rights are upheld, it is dedicated to preserving the value of music. That is why combating music piracy and addressing the issues that digital technology has presented to the sector.

• Digital Licensing 

The industry has been significantly impacted by digital technology, which has altered how you listen to and purchase music. The company has always been on the cutting edge of this transformation; in 2005, the first collecting society to licence YouTube, and more recently, in 2016, first to approve Sound Cloud. These digital platforms enable users to access music from anywhere globally, making it crucial that we manage multi-territory contracts with digital service providers to streamline licencing our members’ rights internationally. 

• Fighting Music piracy 

With the help of an effective Membership Anti-Piracy System (MAPS), which has been empowering our members and battling music piracy for more than a year, designers actively safeguard copyright. 

Sections of the Copyright Act 2013 related to Indian performing Rights Societies 

The Act’s Sections 33 to 36 address Performance Right Societies and the granting of licences for the performance of any work in which copyright is asserted in India. Section 31C deals with Statutory Licensing, which allows for the creation of cover versions of sound recordings five years following the debut of the original recording in exchange for royalties equal to at least 50,000 copies made each year. According to Section 31D of the Act, any broadcasting organization may perform or broadcast previously published literary, musical, or sound recordings for the public with the payment of royalties to the copyright owner. The Copyright Board sets royalties in both instances. The right of performers in India is reportedly well safeguarded due to the 2012 amendment. According to the authors, composers will get 50% of the royalties collected by music firms. India is making progress in protecting performers’ rights through licencing. More crucially, the work’s creators and authors are safeguarded by these registered societies, which also assist them in receiving remuneration for their contributions. 

Copyright Society 

The Copyright Society was established to licence music and other literary works and to safeguard different writers and producers, including musicians, lyricists, artists, and sound recording corporations. To be authorized to give licences on behalf of the owners of the work to other individuals requiring to use the same, Copyright Societies must be registered under Section 38 of the Act. Indian Performing Rights Society (IPRS), Phonographic Performance Limited (PPL), and Indian Singer Rights Association are the copyright societies that are active in India (ISRA). IPRS is concerned with issuing licences to music users in exchange for royalties being paid on behalf of music authors, composers, and publishers. It discusses both live performances and performances made possible by technology. The Delhi High Court ordered an injunction preventing Hello FM from playing music without first getting a licence from IPRS in the matter of IPRS v. Hello FM. According to Phonographic Performance Limited (PPL), anyone who plays pre-recorded music on Gramophone Records, music cassettes or CDs, radio, TV, or audio-visual equipment for a public purpose or in commercial or non-commercial establishments must first obtain a licence from PPL in order to avoid violating the Act. It consists of a radio licence, a sound recording public performance (background music) licence, a performance (events) licence, and a performance (storage) licence. ISRA is a distinct copyright society made up of artists. It asserts that it is authorized to collect royalties for singers. The Copyright (Amendment) Act of 2012 mandated that the copyright societies be re-registered under Section 33 of the Act within a year of the start of the aforementioned amendment, which took effect on June 8, 2012. Following the modification to Section 33 of the Act, IPRS lost its registration and obtained registration under the Companies Act. It was decided in the case of Leopold Café Shops v. Novex Communications Pvt. Ltd. that “for an agent to qualify, the agent must declare that the agent is acting for and on behalf of the copyright owner in all pertinent documents.” It was made clear that the licence could only be granted in the name of the copyright owner and that IPRS was not permitted to file any legal action against unauthorized sound recordings or other content. Even after the 2012 change, PPL has not re-registered itself. The PPL application is still ongoing. However, in 2017 IPRS was re-registered as a copyright society. 

Conclusion 

In the modern world, copyright is essential. The objectives of the various copyright societies in India, such as IRRO, IPRS, and PPL India, vary. For authors and owners of works with copyright, the Copyright Society is essential. The Copyright Society enables such authors and company owners to succeed financially. Also, it allows authors and owners to interact with many cultures. 

References

• Performance Rights Licensing and Royalties in India
• IPRS – The Indian Performing Right Society Limited
• India: Legitimacy Of IPRS And PPL – Mondaq

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