Pay ‘n’ Play: Public Performance of Sound Recordings <i style="mso-bidi-font-style:normal">vis-à-vis</i> Copyright Infringement

Abstract

Several public places such as restaurants, clubs, hotels, night clubs, airports, etc., play songs as background music to lighten up the ambience. These acts amount to communication of the copyrighted songs to the public or public performance. It is an essential right of the copyright owner or his assignee to control the public performance of his song. Hence, securing an appropriate licence on payment of necessary fees and performance rights is a prerequisite for such performance in public. But, many owners of such places, knowingly or out of ignorance indulge in playing songs without proper licence and recognition to the copyright owners of those songs.<br> This article aims at discussing what qualifies as public performance for the purpose of securing a licence and the incidents thereof arising out of such licence. Also, broadcast as an important form of communication to the public is discussed along with a brief overview of the activities undertaken by the copyright societies in this regard. Indeed, the copyright societies have done their bit in securing proper royalties for such public performance by issuing notices and filing suits in the interest of their members.