Restaurant Music Licence in India
Restaurants, cafes, bars and similar commercial premises that play or perform copyright music may need permission for the specific rights and repertoire they use. Recorded music, live music and DJ performances can involve different copyrights, so licensing should be checked by rights category rather than by assuming that one licence covers every use.
Restaurant Music and the Copyright Act, 1957
Playing music in a commercial restaurant, cafe, bar or similar establishment can involve acts reserved to copyright owners, particularly public performance or communication to the public. Buying a CD, subscribing to a consumer music service or owning a television/radio does not by itself establish that the establishment has obtained all public-performance or communication rights required for commercial use.
The legal question is not simply whether music is "pre-recorded" or "live". A single song can involve separate copyrights in the underlying musical composition, the lyrics and a particular sound recording. The necessary permission therefore depends on what is used, how it is used and who controls the relevant rights.
Which Music Rights May Be Involved?
| Music use | Rights that may need to be checked |
|---|---|
| Background recorded music | Rights in the musical/literary works and rights in the sound recording may both be relevant. |
| Radio or television audible to customers | Public performance/communication rights in the works used in the broadcast may need to be assessed. |
| Live singer or band | Rights in the musical composition and lyrics being publicly performed may be relevant; a sound-recording licence may not be relevant if no protected recording is used. |
| DJ performance | May involve both underlying musical/literary works and commercially released sound recordings. |
| Special event or party | May fall outside an ordinary annual background-music licence and require an event-specific permission or tariff. |
Copyright Societies and Music Licensing Bodies in India
Section 33 of the Copyright Act deals with registration of copyright societies. The Copyright Office publishes the current list of registered copyright societies, which should be checked before describing an entity as a registered copyright society.
IPRS - Musical and Literary Works
The Indian Performing Right Society Limited (IPRS) is presently listed by the Copyright Office as a registered copyright society for musical works and literary works associated with musical works. Its licensing materials expressly cover restaurants, bars, cafes and similar premises and include background music as well as live/DJ music, subject to its repertoire, tariff terms and exclusions.
RMPL - Sound Recording Works
Recorded Music Performance Limited (RMPL) is presently listed by the Copyright Office as a registered copyright society for sound recording works. A restaurant using recorded music should therefore check the relevant sound-recording repertoire and licensing position rather than assuming that only musical/lyrical rights are involved.
PPL India
Phonographic Performance Limited (PPL India) operates a music-licensing service for sound recordings in its repertoire and publishes tariffs for restaurants, cafes and other public venues. However, the Copyright Office's current registered-society list should be distinguished from PPL India's own licensing operations. The Copyright Office published a notice dated 4 October 2023 stating that PPL had applied for registration as a copyright society in respect of sound recording works.
Who May Need a Restaurant Music Licence?
Permission may be required where copyright music is used publicly in a commercial establishment, including for:
- background music in restaurants, cafes, bars, lounges and dining areas;
- music played from radio, television, CDs, downloaded files, digital music systems or other devices;
- live singers, bands or instrumental performers using protected musical or literary works;
- DJ performances using copyright recordings;
- karaoke and similar public music use;
- ticketed or non-ticketed entertainment events where protected repertoire is publicly performed; and
- special-event music that is outside the scope of an ordinary premises licence.
The precise licence depends on the repertoire, rights represented, venue, frequency and mode of music use. Copyright exceptions under section 52 should also be checked before concluding that a licence is required.
How Much Does a Restaurant Music Licence Cost?
There is no single statutory nationwide licence fee. Royalty or licence charges depend on the tariff of the relevant rights holder or copyright society, the venue category, city, seating/floor-area or other tariff parameters, the type of music use and whether the use is regular background music or a special event.
The earlier statement that restaurant music licensing generally costs ₹1.50 per sq. ft. with a ₹50,000 minimum should not be treated as a universal current rate.
Documents Commonly Required for Music Licensing
Requirements depend on the licensing body and licence category. Common details may include:
- name and address of the restaurant or business;
- name and contact details of the proprietor, company, LLP, partnership or authorised person;
- PAN and GST details where requested;
- certificate of incorporation, LLP incorporation document or partnership/proprietorship evidence, as applicable;
- venue address and proof of occupancy;
- floor area, seating capacity or other venue information used for tariff calculation;
- type of music use - background, live, DJ, recorded or event-based;
- dates and frequency of music use;
- event details for one-time/special-event licences; and
- any other information required to establish the repertoire and applicable tariff.
Steps to Obtain the Correct Restaurant Music Permission
- Identify how music will be used. Determine whether the restaurant uses recorded background music, live performers, DJ music, television/radio or special-event music.
- Identify the copyrights involved. Separate the underlying musical/lyrical works from the particular sound recordings.
- Check the repertoire. Confirm which society, rights owner or licensing body controls the songs/recordings actually used.
- Choose the correct tariff or licence. Ordinary background music and special-event/DJ uses may require different permissions.
- Submit venue and business details. Provide the information and documents required for tariff calculation and licensing.
- Pay the applicable royalty/licence fee. Keep the invoice, licence or authorisation with the establishment's compliance records.
- Review the licence scope. Check duration, territory, repertoire, permitted mode of use and exclusions before relying on it.
- Renew or obtain additional event permission when necessary. Do not assume an annual premises licence automatically covers every event or third-party performance.
Copyright Exceptions and Situations Where a Licence May Not Be Required
Section 52 of the Copyright Act lists acts that do not constitute copyright infringement. Whether an exception applies depends on the precise facts, so a restaurant should not rely on a general assumption that all private functions or all non-ticketed events are exempt.
Marriage-Related Functions
Section 52 contains an exception for performance or communication to the public of specified works or sound recordings in the course of a bona fide religious ceremony. The statutory explanation treats a marriage procession and other social festivities associated with a marriage as part of a religious ceremony for this purpose. The Copyright Office has also issued a public notice addressing the marriage-function exception.
Public-Domain or Properly Licensed Music
If copyright has expired, or the establishment has obtained a direct licence that expressly covers the intended public use, an additional collective licence for that same right and repertoire may not be necessary. The scope of any direct or platform licence should be checked carefully; ordinary consumer streaming subscriptions commonly do not grant unrestricted public-performance rights to a commercial venue.
Penalty for Copyright Infringement
Section 63 - Knowing Infringement
Section 63A - Second and Subsequent Convictions
A person who has already been convicted under section 63 and is again convicted of such an offence is, subject to the statutory provisos, punishable with imprisonment of not less than one year and up to three years and a fine of not less than ₹1 lakh and up to ₹2 lakh.
Copyright owners may also pursue civil remedies, including injunction and damages/account of profits, where available under the Act. Criminal liability should not be described as automatic merely because a licence invoice or demand is disputed; the statutory ingredients of the relevant offence still have to be satisfied.
Frequently Asked Questions
Is IPRS only needed for live singers and bands?
No. IPRS is registered for musical and associated literary works, and its restaurant tariff covers background music as well as live/DJ performance, subject to its repertoire and tariff conditions.
Does a recorded song involve only a sound-recording right?
No. A recorded song can contain copyright in the sound recording as well as underlying musical and literary works. Depending on the use and repertoire, permissions relating to more than one right may be relevant.
Is there a fixed ₹50,000 minimum licence fee for every restaurant?
No. There is no single statutory fee applying to every restaurant. Fees depend on the applicable licensing body, tariff, venue and type of use and should be checked from the current tariff before payment.
Are marriage functions exempt from copyright licensing?
Section 52 contains an exception relating to bona fide religious ceremonies, and the explanation expressly includes a marriage procession and other social festivities associated with a marriage. Application of the exception should be assessed on the actual facts.
Official Government and Licensing Resources
Use the Copyright Office for the governing law and current list of registered copyright societies. For licensing, verify the repertoire and tariff directly with the relevant licensing body.