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Monday 23 December 2019

Play By The Rules With PPL India

Play By The Rules With PPL India
Phonographic Performance Limited (PPL), India’s largest organization, licensing and monetizing “The Public Performance rights” and “Radio Broadcasting rights” for 3 million international and domestic songs with 340+ top-notch music labels like Saregama, Sony, Times Music, T Series, Universal Music, Venus, etc.
Each year, the film industry alone produces hundreds of songs, many of which resonate with audiences and become part of our cultural spirit. The existential crisis facing the Indian record labels today is not the fact that there isn’t an audience for their intellectual property, but rather the unfortunate truth is most Indians simply do not want to indemnify for the music they enjoy or aren’t really aware of it. This is reflected in numerous businesses like restaurants, bars, events companies, and cafes etc. who consistently break the rules of intellectual property laws by playing music without permission from PPL.
Under the Copyright Act 1957, each and every corporate entity or individual must receive and seek consent from the copyright owners of the music before they intend on playing it publicly. But instead of approaching each label, the most convenient way to expedite the process of obtaining a public performance license for pre-recorded music is to procure a PPL License as PPL has obtained assignment and / or exclusive license from the Music Labels. The Copyright Act includes and allows PPL to grant the license of the copyrighted sound recordings. PPL holds a lion’s share in Hindi and Regional repertoire and controls a range of all International Music majors for Public Performance and Radio. PPL’s encourages and appeals to all the establishments to procure the requisite License from PPL. As any offence under Section 51 & 63 of the Copyright Act of 1957, is considered illicit and punishable by law.

PPL in detail:
PPL India is affiliated globally to IFPI (International Federation of Phonographic Industries) and represents the vast majority of Indian and Global Record Labels for monetization of their Public Performance rights and also licenses Radio Broadcasts for its members. It represents over 340 Member Music Labels and over 3 million Indian and International Works, which it licenses to users of these in a professional and transparent manner. It is actively embracing global best practices and is taking giant strides to enhance value for its members by increasing licensing coverage in India and overseas.
The Honorable Madras High court vide order dated 19th December, 2019 in OA 1116\19 and OA 1117\19  and the Bombay High Court vide order dated 27th November, 2019 on the  Notice of Motion in the Intellectual Property Rights Suits 2018 has reserved prominent restaurants, pubs and 5 Star hotels, cafes, bars and resorts such as The Accord Metropolitan – Chennai & Pudhucherry, Hablis Hotel-Chennai, Radha Regent - Chennai, CAG Hotels - Coimbatore, JC Residency Madurai, Poppys Hotel Madurai and many others, across Tamilnadu and Pudhucherry from playing popular film and non-film songs on Christmas and New Year's eve unless they procure copyright permissions from PPL.
The Madras High Court has directed the venues & shall approach Phonographic Performance Limited for the licence on or before 24.12.2019. The hotels shall be entitled to play the songs owned by PPL only upon receiving the licence from the PPL. In case the hotels do not comply with aforesaid direction the court has made it clear they shall be injuncted from playing the songs of PPL.  M\s. Ganesh and Ganesh Associated who are the Legal counsel of PPL has stated that “the court has taken a strong view in arresting the copyright infringement, which is widely prevalent during celebrations such as Christmas and New Year”.

The order was passed wherein these venues will have to pay a licence fee in response to a petition filed by Phonographic Performance Ltd (PPL) a music licensing body. PPL India owns and controls the Public Performance rights for over 340 Music labels with more than 3 million international and domestic sound recordings.

PPL India represents some of the largest record labels including Saregama, Super Cassettes (T Series), Sony Music, Universal Music and many more who have entered with PPL, assignment and / or exclusive License Agreements granting right to collect license fees for public performancebasis under relevant sections of the Copyright Act, 1957.

PPL claims that in the event of the license fee not being paid, their rights would be prejudiced and it would result in intrusion of copyrights.
The HC order is a relief for PPL and other copyright owners and ensures that every user play’s music by the rules!

         COMPLETE LIST ATTACHED HEREWITH
1.      THE ACCORD METROPOLITON
2.      THE PRIDE HOTEL
3.      GREEN PARK
4.      THE SPRING HOTEL
5.      VGP GOLDEN BEACH RESORT
6.      HABLIS HOTEL
7.      RADHA REGENT
8.      FORTUNE SELECT PALMS
9.      HOTEL ABU SAROVAR
10.  THE PROMENADE HOTELS
11.  BONJOUR BONHEUR OCEAN SPRAY
12.  ACCORD PUDUCHERRY
13.  JENNEYS RESIDENCY
14.  THE ARCADIA
15.  CAG HOTELS (P) LTD
16.  RAMYAS HOTELS PVT LTD
17.  RATHNA RESIDENCY
18.  JC RESIDENCY
19.  HOTEL GERMANUS
20.  POPPYS HOTEL
21.  PARSONS COURT
22.  CHENDURAN PARK
23.  VIVERA GRANDE
24.  SANGAM HOTEL MADURAI
25.  SANGAM HOTEL TRICHY
26.  RADISSON BLU CITY CENTRE
27.  RAMADA
28.  HILTON
29.  FEATHERS - A RADHA HOTEL
30.  ZONE BY THE PARK
31.  FEMINA HOTEL
32.  THANGAM GRAND
33.  HERITAGE MADURAI
34.  APPLETTREE
35.  10 DOWNING STREET, ARCADIA HOTEL
36.  Orbis - The Passion Hotels
37.  Navarathna Hotel
38.  CJ Pallazzio
39.  Hotel Cenneys Gateway
40.  The Monarch
41.  Star Residency
42.  The Spk Hotel
43.  Hotel RR Inn - Om Shakthy Hospitalities Private Limited
44.  Lakshmi Hotel
45.  Atithi TGI Grands Hotel
46.  Shenbaga Hotel & Convention center
47.  The Sunway Manor Hotel

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