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| IPRS issues notices to hotels, mall for copyright violation |
| BS Reporter / Mumbai/ Ahmedabad Sep 12, 2009, 00:36 IST |
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Well-known hotels and a mall from Ahmedabad have been sent legal notices by the Indian Performing Right Society Ltd. (IPRS), for violating license norms of Performing Rights in Musical Works.
“Ahmedabad-based Iscon Mall and hotels like Inder Residency, Grand Bhagwati, Fortune Landmark, Sarovar Portico, Hotel Kanak, Sankalp group of restaurants, Neelkanth Group and Hotel Rock Regency have been sent a legal notice for playing music on their commercial premises without license”, said Kunal Sarin, senior general manager-licencing, IPRS Limited.
IPRS is a Company Limited by Guarantee and under the Companies Act 1956. It is a Non-profit making body. It is registered as a Copyright Society under Section 33 of the Copyright Act, 1957 with the Central Government to carry on the Copyright Business in Musical & Literary Works and any words or any action intended to be Sung, Spoken or Performed with the Music.
"We have sent legal notices to the hotels and the mall for violating copyright under Section 33 of the Copyright Act, 1957. The move comes after repeated warnings to procure license before playing music on their premises. But these establishments were adamant not to take license and hence we sent them a legal notice. It is now upto them to obtain licenses or face a case," Sarin said.
The Society came into existence on 23rd August 1969.The exploitation of music by way of live performance and/or recorded music by any means within the restaurants/bars/hotels/departmental stores/amusement parks/commercial banquet halls/arcades multiplexes etc amounts to public performance and/or communication of the music to the public. As per section 14(a) (iii) of the Copyright Act, 1957 the owner of musical works (which is the composers, song writers and publishers) has the exclusive right to perform or communicate his musical works to the public or authorize any other person to do so. Thus any person who performs music in public or communicates that music to the public by whatever means, whether live or by recorded means, would require the authorization of the owner of the music. Works by issuing the written consent, that it is mandatory for all users to take the licence from IPRS, without which they will not be allowed to commence their programme.
IPRS is also a member of the Government of India constituted Copyright Enforcement Advisory Council. This council was created to strengthen and streamline the enforcement of copyright in all states / union territories and to educate both the public and the enforcement authority regarding the criminality of copyright piracy and the cultural and economic importance of effective protection of copyright.
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