Unlikely pirates may dance to PPL tune

You have jived to the music of Baby Doll at music stores or slept to Mozart’s compositions played in five-star hotel lobbies. But did you know shop owners or hotel authorities might be indulging in “non-physical” music piracy? Amendments to the original Copyright Act have been made over the years to empower organisations that were incorporated to protect the interests of member-constituents, one of them being the Phonographic Performance Ltd. In other words, trouble maybe lurking around the corner for a few established institutions in the city.

“It deals with playing music in a public place. Generally, a public place includes anything beyond private-owned cars and homes. If music is played elsewhere, then those institutions - nightclubs, hotels or hospitals - have to apply to the PPL for a licence. Normally, non-sponsored and ‘non-ticketed’ events attract a one-time minimum fee of Rs 15,000 and a sponsored event, Rs 20,000. For playing music in the lobby of a hotel or discotheque, an annual licence is a must,” said Mr Sowmya Chowdhury, national sales manager - events, PPL.

The PPL, which dates from 1941, represents most music companies in India. During its early years, only the National Broadcasting Station used to pay a licence fee on a periodic basis, which was subsequently disbursed amongst the then existing music companies. Later, FM stations followed suit. But it was only in 1995 that a provision was introduced in the Copyright Act of 1957, by virtue of which the Registrar of Copyrights issued the PPL a Certificate of Registration, under Section 33 (3) of the Copyright Act 1957, conferring upon the company the right to commence and carry on the copyright business in sound recordings. This, however, transpired in May 1996.

“We have started tackling non-physical music piracy in Delhi and Mumbai and, slowly, we are moving towards Kolkata. A number of institutions will be served notices in the next few days. To tackle the problem we may approach the police or move courts for injunctions. If someone is playing Indian, or even international music, in a public or commercial place without a licence from PPL, it constitutes an infringement of copyright under the Copyright Act, 1957. This is a cognizable, non-bailable offence and attracts a heavy penalty, which could extend up to Rs 2 lakh and three years’ imprisonment,” added Mr Chowdhury. The PPL looks after the rights of 127 companies, including Saregama, Universal, Tips, Sony and others. Mr Chowdhury continued, “Of the money we receive in the form of licence fees, 15 per cent is retained for administrative costs and the rest is given to the company.”