That Kenny G saxophone drifting through every Indian elevator isn’t free to play. Music is protected by copyright, and playing it in any commercial space — however small — needs a licence. Here’s how music licensing works.
Update: The copyright-society landscape has since shifted. IPRS regained registered copyright-society status in 2017, and Recorded Music Performance Ltd (RMPL) was registered in 2021 as a copyright society for sound recordings. PPL operates without registered copyright-society status. Always confirm the current registered society and licensor before relying on a licence.
Why a licence at all?
Music is protected by copyright, and only the copyright owner may perform or communicate the work to the public. Anyone else — a mall, hospital, retail outlet or elevator owner — needs a licence to play it. That’s the whole basis of music licensing.
A song is three copyrights, not one
The rights in a single song may sit with different people:
- Lyrics → a literary work, owned by the lyricist.
- Music → a musical work, owned by the composer.
- The recorded song (music + lyrics) → a sound recording, owned by the producer/record label.
For Kenny G’s Forever in Love, Kenny G is the composer (music copyright), but the right to play the sound recording sits with the producer — Arista/RCA, now Sony Music Entertainment. So to play that recording in a commercial space, you’d ideally need a licence from the producer.
Enter the copyright societies
Chasing every unlicensed play would be impossible for a label — so we have copyright societies: non-profits that owners register their rights with, which then issue licences, collect royalties and handle related matters.
- Sound recordings — historically administered by PPL (and, as above, now RMPL as the registered society).
- Lyrics and music — administered by IPRS (for lyricists and composers).
Which licence do you need?
- To play a recording in a restaurant, hospital, petrol pump, bar, pub or any commercial/public space → a licence for the sound recording.
- To have someone perform the song live → a licence covering the underlying works (from IPRS).
- Because a recording still contains the underlying lyrics and music, you may need both licences for the recording you play.
The penalty for skipping it
Play music without the proper licence and you face a penalty, a copyright-infringement action, or even criminal sanctions — fine and imprisonment. So whether it’s background music at a restaurant or hold music on the phone, someone has licensed it.
The takeaways
- A commercial space needs a music licence — size doesn’t matter.
- One song, three copyrights — lyrics, music and sound recording, potentially different owners.
- Licence via the right society — sound recording vs underlying works; you may need both.
- Confirm the current registered society (RMPL/IPRS today), and never play unlicensed — the penalties include criminal sanctions.
Frequently asked questions
Do I need a licence to play music in my shop or restaurant in India? Yes — playing recorded music in any commercial or public space requires a licence from the relevant rights holder or copyright society.
Why might I need two licences for one song? A sound recording still contains the underlying lyrics and music, so you may need a licence for the sound recording and another for the underlying works.
Who issues music licences in India? Copyright societies — RMPL (registered for sound recordings since 2021) and IPRS (for lyrics and music), alongside the relevant rights holders.
What happens if I play music without a licence? You risk a penalty, a copyright-infringement suit, or criminal sanctions including fine and imprisonment.
Useful official resources
- The Copyright Act, 1957
- Copyright Office, India