What is the legal process of obtaining a music license in India (Part 1)

Music licensing in India is a complex legal process governed by the Copyright Act, 1957, involving multiple rights such as musical works, lyrics, sound recordings, and performers’ rights. Whether you are a filmmaker, content creator, or business owner, using music legally requires a properly drafted music license agreement. A well-drafted agreement, clear on ownership and usage, ensures creators and users respect each other’s rights while avoiding disputes. 

Introduction

Your favourite artist has put out an album. You instantly love every song on it. Now, you want to use it everywhere, Instagram, YouTube, maybe play at your college for an event. 

But, wait a minute, can you do that?

The answer lies in one crucial document: the Music Licence Agreement.

You may be a filmmaker hoping to use a popular song for a wedding scene. You may even be an indie artist licensing your own track to a podcast. But what you need to understand is the legal framework that governs the use of music. 

It does not matter whether the song is on top of the charts or an obscure instrumental; if someone else owns the rights, you must obtain permission to use it. That permission comes through a properly drafted music licence agreement.

Before you get on to it, you need to know that there is no one-size-fits-all approach. Each licence depends on who owns the rights. It can vary in so many aspects.

It also matters how you intend to use the music and what rights you are being granted. Unfortunately, many creatives and businesses jump into music usage without legal clarity, only to face take-down notices, copyright claims, or worse, lawsuits, and trust me, you do not want that. 

So, my aim here is not just to help you draft a robust agreement, but also to help you understand the legal logic behind it. Once you understand that, I believe that you can confidently negotiate, review, and manage music rights in any project you handle.

Let us begin with the types of music licences you are likely to encounter.

Legal aspects of a music licence agreement

What you need to first understand is that licensing music is not merely a matter of artistic collaboration or commercial convenience. Rather, it is a complex legal transaction. As someone drafting or reviewing a music licence agreement, you must know the legal framework that governs such arrangements. 

What does this include? This includes the nature of copyright in music, moral rights, rights administered by collecting societies, and remedies in case of breach. Below is a detailed walkthrough of the key legal elements to consider.

1. Nature of copyright in musical works

Under the Copyright Act, 1957, musical content is protected through multiple layers of copyright. These include:

• Musical work: Defined under section 2(p) as a work consisting of music and includes any graphical notation. This refers to the melody or composition.
• Literary work: Under section 2(o), this covers the lyrics of a song.
• Sound recording: Section 2(xx) defines it as a recording of sounds from which such sounds may be produced, regardless of the medium.
• Performer’s rights: Section 2(q) and section 38 introduce special rights for performers (singers, instrumentalists) independent of the author and producer.

Each of these is a distinct intellectual property right. As such, if you wish to use a commercial song in a film, advertisement, or podcast, what do you need to license? 

You will need to license the musical composition from the composer or their publisher, and the lyrics from the lyricist. 

You will also need the sound recording from the music label or producer and the performance rights from the artist or a performing rights organisation.

Let me give you an example. If you want to use the song Kal Ho Naa Ho in your short film, you cannot simply get permission from Sony Music (the record label). You will also likely need rights from the composer Shankar-Ehsaan-Loy, the lyricist Javed Akhtar, and Sony Music for the master recording.

2. Moral rights of the author

Next comes the moral rights. Section 57 of the Copyright Act grants authors moral rights that survive even after assigning or licensing the copyright. These rights include the right to attribution and the right of integrity. 

The right of attribution is to be identified as the author of the work. And the right of integrity is to object to any distortion, mutilation, or other modification of their work that would harm their honour or reputation. Imagine someone takes your music and completely ruins it. Maybe it could be a Carnatic song, but made into a song with obscene lyrics. This would constitute an integrity being violated. 

The good news is that these rights are non-transferable and exist independently of ownership. So let us say you are transferring a right of your Carnatic song, you cannot fully waive off your moral rights. You would still have that right. 

So, why does this matter?

If your agreement permits remixing or altering the original music (for a DJ track, background score, or meme), you must address moral rights. The safest route is to include a clause where the author explicitly consents to such modifications. It should be defined and specific. 

In Amarnath Sehgal v. Union of India and anr, 2005, the Delhi High Court held that even if the copyright was assigned, the sculptor retained the moral right to object to the mutilation of his sculpture installed in a government building.

3. Role of copyright societies

Indian law permits authors and owners to license rights directly or through registered copyright societies, which act as collective rights management organisations. 

Let us take IPRS (Indian Performing Rights Society) for example. They are a copyright society and they manage rights for composers, lyricists, and music publishers. They also deal primarily with public performance, broadcast, and communication to the public of the musical and literary components. 

What is the legal framework for this?

• Copyright societies are governed under sections 33–36A of the Copyright Act.
• The Copyright Rules, 2013, prescribe their registration and operations.

Keep in mind the practical implications. Even if you license a sound recording from the producer, you may still require a public performance licence from IPRS if you intend to play it at a public event, on the radio, or on a streaming platform.

4. Synchronisation rights and scope of use

A synchronisation (sync) licence refers to the right to use a musical work in timed relation with visual media. This right is not automatically covered under a general licence from copyright societies.

For example, this includes using a song in a YouTube video, or background score in a film or television show, or music in an advertisement or brand video.

What will you need for this? 

You will need a sync licence for the musical and literary works from the composer and lyricist (or their publisher), and a master use licence for the sound recording from the record label

The common misconception around this is that YouTube’s licensing agreement with copyright societies does not cover sync rights for your own uploaded content. You must obtain separate clearance.

5. Governing law, jurisdiction, and enforcement

Now, do not forget that every well-drafted music licence agreement should contain a proper clause regarding the laws that govern the agreement. This includes things such as a governing law clause, a dispute resolution mechanism, and a jurisdiction clause. 

In India, most music agreements are governed by Indian law. They are also referred to courts in Mumbai or Delhi, depending on where the licensor is based. The disputes are referred to arbitration under the Arbitration and Conciliation Act, 1996, if specified

But what do I mean when I say mostly governed by Indian law? 

Sometimes agreements are made between an Indian national and a foreign national. In such cases, the parties have an option of choosing the law and venue of arbitration. This scenario usually happens in sports environments, the film industry, etc. 

Keep in mind that for international transactions, always consult with local counsel. You will need professional guidance on whether the agreement must comply with local copyright registration, performance rights regulations, and whether Indian judgments or arbitral awards are enforceable in that country.

6. Remedies for breach and indemnity clauses

If either party breaches the licence terms, say, by exceeding the scope of usage, or failing to make royalty payments, the aggrieved party has several remedies, such as injunctions (interim or permanent) to restrain unauthorised use and damages or compensation for loss.

There are also remedies such as specific performance of contractual obligations and termination of the agreement.

Your licence agreement should also include an indemnity clause where the licensor indemnifies the licensee if a third party claims infringement, and vice versa. The agreement should also have a liquidated damages clause (if appropriate). This is needed especially if you want to cap or define compensation for breach.

For example, let’s say a brand uses a song in an ad without obtaining a sync licence. Here, the composer could sue for infringement, and the ad agency could be held jointly liable. An indemnity clause can help shift or allocate this risk.

7. International treaties and foreign licences

India is a signatory to the Berne Convention and the TRIPS Agreement, which means that Indian copyright works are protected in most countries around the world and vice versa.

When licensing a foreign musical work for use in India, or vice versa, be mindful of:

• The local copyright duration and authorship recognition rules
• The local collecting society system (e.g., ASCAP or BMI in the U.S.; PRS in the U.K.)
• Whether the agreement adheres to international IP norms

Please note that Indian law does not require registration of copyright for it to be valid. But in some countries, like the United States, registration is needed before initiating a lawsuit for infringement.

Case study: The remix battle – what happens when rights are not clearly licensed?

Let me take you back to 2019. The Indian music scene witnessed a controversy around the song “Masakali 2.0”, a remake of the original Masakali from the film Delhi-6. The original composition was created by A.R. Rahman, with lyrics by Prasoon Joshi, and the sound recording was owned by T-Series.

When T-Series released the remix version (Masakali 2.0), the public backlash was swift. But more importantly, A.R. Rahman and Prasoon Joshi also openly objected. They were invoking their moral rights. It was expressed by the original arthritis that the remake was done without their creative involvement and without their blessing. Essentially echoing similar sentiments, expressing that the original work had its own artistic dignity that had been compromised.

So what was the legal issue?

T-Series likely had ownership over the sound recording rights and may have had an assignment of copyright over the composition and lyrics (as is often the case in film projects). But even with those rights assigned, section 57 of the Copyright Act ensures that authors retain their moral rights, the right to be identified as the author and to object to distortions of the work.

The remake might not have breached the legal letter of the law if full assignments were in place, but it likely violated the spirit of moral rights. The authors were not consulted, their names were not adequately acknowledged, and the work was substantially altered.

This controversy highlighted a critical point for all practitioners:

Owning rights alone does not mean you can do anything you want with the work. You must respect the residual rights of authors, particularly moral rights under Indian law, which cannot be waived or assigned, as I previously mentioned. 

So, what is our takeaway from this?

You need to always consult the composer and lyricist before modifying or remixing a work, even if you hold copyright. You need to include clear clauses in your licence agreement that address the extent of permitted modifications and obtain written consent.

Types of music licences

Before you draft or sign a music licence agreement, you must understand what kind of licence you actually need. Music is not a single right; it is a bundle of rights. Each of these rights may belong to different people. The composer might own the melody, a label might own the recording, and a performing rights organisation might collect royalties on behalf of the lyricist. You need to identify which rights apply to your intended use.

Let me give you a real-world example.

In the Hollywood film The Social Network, the trailer famously used a haunting cover of Radiohead’s Creep performed by the Scala & Kolacny Brothers choir. The trailer team had to secure two separate licences, one for the composition (from Radiohead’s publisher) and another for the choir’s specific recording (from their label). Had they skipped one, the entire trailer would have faced legal risk.

Here are the six primary types of music licences you should know:

1. Synchronisation (sync) licence

This is what you need when you want to use a piece of music in combination with visual content. This can be films, advertisements, television shows, YouTube videos, web series, and even TikTok reels. If you are using a song to “sync” with visuals, this is the license you must obtain from the music’s publisher or rights holder.

Example: A wedding planner creating a promo film wants to use a romantic Hindi song in the background. That requires a sync licence.

2. Mechanical licence

You need this if you are reproducing and distributing the underlying musical work. This is usually when producing CDs, vinyl, or digital downloads. It gives you the right to reproduce the composition, not necessarily the recorded version.

Example: A karaoke app that offers instrumental versions of songs must obtain mechanical licences for the musical works.

3. Master use licence

This is the licence to use a specific sound recording (the actual audio file). If you want the original version of a song performed by a specific artist, say, the version sung by Arijit Singh rather than a cover, you need a master use licence from the label that owns the recording.

Example: A brand wants the original version of “Tum Hi Ho” in their Valentine’s Day campaign. They must license the master recording from T-Series.

4. Public performance licence

So, this applies when music is played in public places. This can be public radio, at live concerts, in restaurants, shopping malls, and on streaming platforms. It is usually obtained through a performing rights organisation (PRO), such as IPRS (India), PRS for Music (UK), or ASCAP (USA).

Example: A café playing English and Hindi music for customers needs a public performance licence, typically via IPRS or PPL in India.

5. Print licence

This is less common today, but relevant if you intend to print and distribute sheet music. It gives you the right to reproduce the music and lyrics in printed form.

Example: A music school creating customised textbooks for its students must secure print licences for the compositions it includes.

6. Blanket licence

Some PROs and copyright societies offer this type of licence. This will actually allow you to use a broad range of music in their catalogue for a flat fee. It is really useful for broadcasters, venues, or platforms that play a wide variety of music regularly.

Example: A television network obtains a blanket licence from IPRS to cover all music used in its daily programming.

Essentially, each of these licences serves a different purpose. In some cases, you may need more than one, for example, a sync licence for the composition and a master use licence for the recording. It all depends on your intended use.

In the next section, we shall look at the key parties involved in a music licence agreement because knowing who to deal with is half the battle.

Would you like me to proceed to that next section?

Key parties involved in a music licence agreement

Coming to the most important part: the key parties of the agreement.  And, before you start drafting a music licence agreement, you must identify the correct parties. So, let me tell you that this is not as straightforward as it may seem. 

Music rights are often split among multiple entities. And if you end up approaching the wrong one or miss one entirely, you may end up with an incomplete or invalid license.

Let me tell you something I encountered during a contract review for a short film soundtrack. The producer wanted to use a track in the film, and he believed that obtaining permission from the singer was sufficient. Unfortunately, the singer had no ownership over the composition or the recording. Those actually belonged to a label and a publisher. The producer had to scramble to obtain the correct licences before release, narrowly avoiding a copyright violation.

To avoid such confusion, let us break down the main parties you might deal with in a music licence agreement:

1. The licensor

This is the party granting you the right to use the music. The licensor could be:

• The composer or songwriter (for the underlying composition)
• The music publisher (who manages the rights of the composer)
• The recording artist or performer (if independently released)
• The record label (which owns the master recording)
• A copyright society or performing rights organisation (for collective licensing)

Always confirm whether the licensor has the authority to grant the rights you need. Ask for proof of ownership or a representation clause in the agreement.

2. The licensee

This is you, or your client, the person or organisation seeking the right to use the music. So,  it could be a film producer, an advertising agency, or a YouTube creator. But, it could also be a music streaming platform and a business owner playing music in a commercial space.

The licensee’s obligations usually include payment and proper usage. Sometimes it would also include credit (if required), and compliance with the scope of the licence.

3. Performing rights organisations (PROs) or copyright societies

Remember, we spoke about copyright societies? They are essentially collective management organisations that administer certain music rights on behalf of their members.

In fact, in many countries, public performance and broadcasting rights are licensed exclusively through PROs. In India, for example, IPRS (Indian Performing Rights Society) handles rights for composers, lyricists, and publishers.

Then there is also the PPL. It is a collective management organisation that licenses public performance and radio broadcasting rights for sound recordings. Unlike IPRS, which manages rights for musical compositions and lyrics, PPL focuses on sound recordings. 

However, keep in mind that following the Copyright (Amendment) Act, 2012, PPL is no longer a registered copyright society, as its re-registration application was rejected. This has led to legal challenges, notably in Azure Hospitality vs. Phonographic Performance Limited (Delhi High Court, 2025), where the court ruled that PPL cannot issue licenses unless affiliated with a registered copyright society like RMPL. The Supreme Court has stayed this direction, leaving PPL’s licensing authority uncertain as of 2025. Users seeking public performance licenses for sound recordings should verify PPL’s status and may need to secure additional licenses from IPRS for the underlying compositions/lyrics.

Now, what if you are organising a concert or streaming music in a public space? In this case, you may need a licence from these societies rather than from the artist directly.

To know more about this, click here. 

4. Sub-publishers and intermediaries

What about international music? Sometimes, international music is represented in India through sub-publishers or local agents. There may be instances where you are dealing with global catalogues. If such is the case, you may need to trace the rights chain to a local representative.

For example, a British band’s publisher might have a licensing arrangement in India with a local music company. You must ensure you are dealing with the authorised entity.

Let me remind you again that understanding who owns what is critical to getting the licence right. Once you have identified the correct parties, you can move to the core of the agreement, its clauses.

Key clauses in a music licence agreement

Now that you know the types of music licences and the parties involved, it is time to dive into the agreement itself. Each clause must reflect the specific nature of your deal, what music is being used, how, where, and for how long.

Let me walk you through the most important clauses you must include, with practical commentary on what to look for, what to avoid, and how to draft them clearly.

1. Grant of rights

This clause defines what exactly is being licensed. You will need to make sure that the clause specifies the type of licence (sync, master use, etc.), the scope of usage, and the rights being granted.

Example: “The Licensor hereby grants to the Licensee a non-exclusive, worldwide synchronisation licence to use the composition titled ____ in the short film ____.”

When drafting, you need to be clear about exclusivity. If the licence is exclusive, it must be explicitly stated. Make sure to define whether the licence includes rights to sub-license, edit, or create derivative works.

2. Territory

This clause essentially defines where the music may be used. It could be limited to India, extend worldwide, or be tailored for specific platforms (e.g., only digital).

Example: “This licence shall be valid for usage worldwide across online streaming platforms.”

While drafting, do consider future expansion. If you are releasing a video on YouTube now but may later license it to Netflix, then choose a broad territory. Avoid vague terms like “global” without specifying the medium.

3. Term (duration)

This sets out how long the licence lasts. It could vary; it could be a fixed period (e.g., 2 years), perpetual, or renewable.

Example: “The term of this licence shall be ____ years from the Effective Date.”

Keep in mind that perpetual licences are useful for films or videos that stay online indefinitely. Consider including renewal terms or automatic extensions.

4. Consideration (fees and royalties)

This clause details what the licensee must pay a one-time fee, ongoing royalties, or both.

Example: “The Licensee shall pay the Licensor a one-time fee of ____ upon execution of this agreement.”

Make sure to specify when payment is due. If royalties are included, define the percentage, basis (gross or net), and reporting obligations.

5. Credit and attribution

So, licensors require that their name or brand be credited wherever the music is used. You will need to include it. 

Example: “The Licensee shall include the credit ‘Music by ___’ in the end credits of the film.”

You need to clarify the format and placement of credit, and if credit is waived, record that explicitly.

6. Usage restrictions

This clause limits how the music can or cannot be used, such as avoiding controversial content or resale.

Example: “The Licensee shall not use the licensed work in any content that promotes hate speech, political propaganda, or illegal activity.”

Understand the licensor’s brand or values, as some may restrict use in adult or religious content. Include these clauses even if you do not anticipate issues now.

7. Warranties and representations

Each party confirms they have the right to enter the agreement and that the content is original or properly owned.

Example: “The Licensor represents that they are the sole owner of the rights licensed under this agreement and that the work does not infringe on any third-party rights.”

Ask for indemnity if the licensor’s breach leads to a claim. Avoid vague language, make each representation clear and testable.

8. Indemnity

This clause provides a remedy if either party suffers losses due to breach or third-party claims.

Example: “The Licensor agrees to indemnify and hold harmless the Licensee from any claims arising out of breach of representation regarding ownership of rights.”

Make sure to tailor the indemnity to specific risks. Also, define procedures for claim handling, especially if third-party litigation is involved.

9. Termination

This outlines how the agreement can be terminated, either due to breach, insolvency, or mutual agreement.

Example: “Either party may terminate this agreement with thirty (30) days’ notice if the other party breaches any material obligation and fails to cure such breach.”

You can include post-termination obligations, e.g., taking down content or removing music from distribution. Consider survival clauses for warranties and indemnities. Please note that termination clauses should also account for immediate termination in cases of severe breach (e.g., unauthorised use or infringement). You must also clarify post-termination obligations, such as removing music from distributed content.

10. Governing law and dispute resolution

This clause defines which law applies and how disputes will be resolved.

Example: “This agreement shall be governed by the laws of India. Any dispute shall be resolved by arbitration in ____ (enter city here) under the Arbitration and Conciliation Act, 1996.”

Choose a neutral forum if the parties are in different countries, and consider mediation before arbitration or litigation.

These clauses essentially form the backbone of any music licence agreement. Of course, there are many more, and each deal may require customisation, especially when multiple rights holders are involved or when music is being integrated into complex media products like games or ad campaigns.

Common mistakes to avoid while drafting a music licence agreement

I hate to break it to you, but even seasoned professionals sometimes overlook key issues when drafting or negotiating music licences. A small slip can lead to copyright infringement, disputes, or unexpected costs. Let me walk you through some of the most common mistakes I have seen and how you can avoid them.

1. Assuming the artist owns all rights

This is actually one of the biggest traps for new producers and content creators. Seems completely avoidable, right? 

You might be speaking directly to the singer, but they may not own the composition or the recording. In many cases, these are assigned to publishers or record labels.

Avoid this by verifying ownership, even though they sang the song. Ask for a declaration or proof of rights, especially when dealing with individual artists.

2. Not specifying the scope of use

Is the music being used in a trailer? In the full film? For online streaming only, or also in theatres? There should not be a lack of clarity here because it can lead to a breach of contract.

Always define the purpose, medium, and format of use. Be as specific as possible.

3. Using ambiguous language

Phrases like “reasonable use”, “appropriate platforms”, or “global exposure” may seem convenient, but they will not cut it. They are open to interpretation and conflict, and that is what we are trying to avoid.

Use precise, measurable terms. If it is a five-year online streaming licence for India, say so.

4. Ignoring public performance rights

If the music is being played in a public space, live event, or streamed online, you may also need a separate performance licence from a copyright society (e.g., IPRS, PPL).

Many people confuse synchronisation rights with performance rights; they are not the same.

5. Missing credits and attribution terms

Sometimes artists or composers care deeply about being credited. If you miss this, it could be seen as a breach even if you paid properly.

Ask if credit is required. If yes, agree on the exact wording and placement.

6. Forgetting future platforms

You might only be uploading your short film to YouTube today, but what if Netflix calls tomorrow? If your licence is limited to online use, you might have to renegotiate or lose that opportunity.

Think ahead. Consider using broad enough terms to cover future platforms or negotiate add-on rights upfront.

7. No indemnity clause

If the licensor turns out to have misrepresented their rights, you could be liable for infringement. Without an indemnity clause, you have no protection.

Always include a basic indemnity from the licensor, covering ownership and originality.

8. No termination or take-down process

If something goes wrong, say, the music is found to be stolen, you may need to take the content down quickly. Without a clear termination clause or takedown provision, things can get messy pretty quickly. 

So what do you need to do? Have a defined process for termination, notices, and post-termination obligations.

9. Relying on verbal or informal agreements

Verbal agreements are not enough. These include WhatsApp chats, emails, and phone calls. Even a simple email chain can lead to misunderstandings later on.

Use a written agreement, even if it is short. Confirm all key terms in one place.

Your goal is not just to secure the right music; it is to secure it properly. Avoiding these common mistakes saves you time, legal trouble, and broken trust.

Best practices and drafting tips for a strong music licence agreement

Okay, by now, you have seen how intricate music licensing can be, from understanding rights and key clauses to avoiding costly mistakes. But how do you tie it all together? Whether you are a lawyer, a producer, a musician, or a business owner using music in your content, following these best practices will help you draft smarter, safer agreements.

1. Start with a term sheet

Before drafting the full agreement, prepare a short-term sheet with the essential points:

• Name of the song or composition
• Licensor and licensee details
• Type of licence
• Term, territory, and platforms
• Fee or royalty structure

This step aligns both parties early and avoids surprises during drafting.

2. Use plain, precise language

Legalese does not make your contract stronger. In fact, it often creates confusion. Choose words that both parties can understand without diluting legal clarity.

This can be as simple as instead of: “The party of the first part shall hereinafter…”, use: “The Licensor shall…”

Clear language reduces disputes and builds trust.

3. Always identify the work correctly

Spell out the name of the composition, recording, or track being licensed. If possible, include metadata (composer, performer, year, ISRC code).

Especially when the licensor owns multiple works, you want zero ambiguity about what is being licensed.

4. Anticipate what may change

New platforms may emerge. Artists may switch labels. The same content may be repurposed later.

Include clauses that allow for future uses, add-ons, or amendments without renegotiating from scratch.

5. Get the payment structure in writing

Clarify the mode of payment (bank transfer, cheque, etc.), timeline (on signing, on delivery, etc.), and any applicable taxes or deductions.

If performance royalties are involved, link the reporting timeline to release schedules.

6. Include a ‘no partnership’ disclaimer

In creative industries, informal collaboration can sometimes be misread as joint ownership or partnership.

Use a clause that clearly states this agreement does not create a partnership or joint venture unless explicitly stated.

7. Add a schedule or annexure

If multiple tracks are being licensed, or if the agreement refers to detailed documents like cue sheets or usage reports, attach these as annexures.

It is easier to refer to “Schedule A” than clutter the main agreement with too many details.

8. Get signatures, physical or digital

Make sure both parties sign, and keep dated, identical copies. In India, digital signatures (e.g., using platforms like ZoopSign, Leegality, or Adobe Sign) are valid for most commercial contracts.

If you are working internationally, ensure your contract complies with e-signature laws in the other country as well.

9. Store and track your licences

Once signed, do not just save the agreement and forget about it. Keep a licence tracker, note the expiry date, rights granted, and platform-specific terms.

You do not want to discover two years later that your licence expired and you have 1 million views on infringing content.

Conclusion

A well-drafted music licence agreement is not just a legal document. It is a reflection of mutual respect between the creator and the user. It ensures that the music flows into your films, your ads, your apps without legal static or silence.

If you are licensing music, you must do it with care. And if you are the one creating it, make sure your rights are protected and your voice heard, not just in melodies, but in contracts too.

FAQs

1. What is a music licence agreement, and why do I need one?

A music licence agreement is a legal contract granting permission to use music owned by someone else (e.g., composer, label). You need it to avoid copyright infringement when using music in films, ads, YouTube videos, or public spaces, ensuring compliance with the Copyright Act, 1957.

2. What types of music licences exist in India?

Key licences include:

• Synchronisation (Sync): For using music with visuals (e.g., films, YouTube).
• Master Use: For a specific sound recording (e.g., Arijit Singh’s version of a song).
• Public Performance: For playing music in public (e.g., cafes, concerts).
• Mechanical: For reproducing music (e.g., CDs, downloads).
• Print: For sheet music.
• Blanket: For broad use of a copyright society’s catalogue.

3. Who owns the rights to a song?

A song has multiple rights: the composer owns the melody, the lyricist owns the lyrics, the label owns the sound recording, and performers have rights. Copyright societies like IPRS may manage some of these rights.

4. Can I use a song if I get permission from the artist?

Not necessarily. Artists may not own the composition or recording rights, which could belong to publishers or labels. Always verify ownership and secure all necessary licences.

5. What are moral rights, and why do they matter?

Moral rights under section 57 of the Copyright Act, 1957, allow authors (e.g., composers, lyricists) to claim attribution and object to harmful modifications of their work. These rights persist even after licensing and cannot be fully waived, so consult the authors before altering music.

6. Do I need a separate licence for YouTube videos?

Yes, you need a sync licence for the composition and a master use licence for the recording. YouTube’s agreements with copyright societies don’t cover sync rights for user-uploaded content, and you may face Content ID claims without proper licences.

7. What happens if I use music without a licence?

You risk copyright infringement, leading to takedown notices, lawsuits, or financial penalties. An indemnity clause in a licence agreement can protect against third-party claims.

8. How do copyright societies like IPRS work?

IPRS manages performing and mechanical rights for composers, lyricists, and publishers. For public performances (e.g., in cafes or on the radio), you may need a licence from IPRS, while sound recording rights may require a separate licence from PPL or the label.