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How to self publish your music in India

After you have clearly understood the basics of music publishing, know about the steps to take to proceed.

Overview of IPRS

The rules and methods of The Indian Performing Right Society Limited (IPRS) for administering the performing and mechanical rights royalty distributions for musical & literary works is by collecting royalties from a range of sources on behalf of composers, authors, and publishers, and this note describes part of the process.

IPRS collects royalties for music usage on the following basis:

  • Licensed Content/Works: IPRS collects 100% license fees for the licensed works i.e. where the Owner Publisher is a member of IPRS, and has assigned its rights to IPRS.
  • Authors Statutory Royalty: IPRS collects the Authors Statutory Royalty (i.e. the equal share of royalties attributable to the lyricists and / or music composers who are members of IPRS); for Works where the Owner Publisher is not a member, to the extent the composer and/or author is a member, then the same is distributed to composer and / or author.

IPRS does not collect on the following music usages:

  • Performances of works that are in Public Domain
  • Performances of dramatic musical works
  • Performances in churches or places of worship
  • Cinemas Theatres
  • Speech
  • Sound Effects


Distribution Payment Thresholds

In the absence of specific notifications within contractual agreements to the contrary, the shares of a musical & literary work is allocated as below:

(a) Original Self Published Works

(i) Composition with lyrics:

  • Composer (or composers) 50%
  • Lyricist (or lyricists) 50%

(ii) Composition without lyrics (or with non-copyright lyrics):

  • Composer 100%

(iii) Non-copyright composition with copyright lyrics:

  • Lyricist 100%

 

(b) Original Published Works

(i) Composition with lyrics:

  • Composer or composers 25%
  • Lyricist or lyricists 25%
  • Publisher/s 50%

Registration with IPRS in case of an Individual, below information to be furnished –  

  • Indian / Foreign (_____________) by Nationality and born at (place of birth)___________on (date of birth)________________
  • Father’s / Husband’s / Name: ____________________________________
  • Composer / Author Name(s) “____________________________________”

Registration with IPRS in case of a Company / Partnership Firm, information to be furnished –

  • Name of the Representative / Partner _______________________________
  • Incorporation date (For Proprietorship Concern / Partnership Firm/ Company):__________________
  • Proprietor Name (if applicable): ____________________________________

APPLICATION FOR MEMBERSHIP FALLS UNDER THE BELOW CATEGORIES

  • COMPOSER
  • AUTHOR (often also known as the songwriter)
  • OWNER PUBLISHER
  • LEGAL HEIR OF _______________________________

Some useful questions answered below for those starting out as publishers:

Q: Is it necessary to register a work to claim copyright?

A: No. Acquisition of copyright is automatic and it does not require any formality. Copyright comes into existence as soon as an original work is created and no formality is required to be completed for acquiring copyright. However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law (and with digital platforms) with reference to dispute relating to ownership of copyright.

Q: Which copyright societies are registered in India?

A: Presently there are three registered copyright societies in India, namely;

I. For Literary works associated with Musical Works: The Indian Performing Right Society Limited (IPRS)
II. For Reprographic (photo copying) works: Indian Reprographic Rights Organization (IRRO)
III. For Performers (Singers) Rights: Indian Singers Rights Association (ISRA)

 

Bibliography and References:

  1. FAQs on copyright by the Government of India are given here
  2. Inputs from above mentioned society websites, and from Parag Kamani, Achille Forler and Sherley Singh
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