Tariff

Tariff Scheme for on ground Public Performance of sound recording controlled by Phonographic Performance Ltd (PPL India)

Preamble:

• 1) This tariff comes into effect from 01st September, 2023
• 2) City Classifications adopted in various tariff is as under

A Class Cities	A Class Cities Mumbai*, Delhi/NCR, Chennai, Kolkata, Bangalore, Hyderabad / Telangana, Goa, Ahmedabad, Pune*, Chandigarh, Jaipur and Udaipur
Other Cities	Apart from the above-mentioned A class cities, all others are categorized as other cities.

• 2.1) Mumbai * includes Mumbai, Thane, Navi Mumbai, MBMC
• 2.2) Pune* includes PMC, PCMC, Hinjewadi and Other rural parts of Pune
• 3) On Ground usage: The on ground usage of recorded music ( Sound Recordings) controlled by PPL India, at all public places including but not limited to hotels, restaurants, discotheques, cinema halls, shows, malls, stores, shops, salon, parlours, marriage halls, jukeboxes, railway & bus stations, airport, motels, guest houses, banks, offices, amusement parks, pubs, private shows, exhibitions, shows, events & any such other public area intending to communicate to the public in any matter whatsoever, in any format, in audio, audio-visual media(used for playing standalone sound recordings) requires a prior Licence from PPL India. For clarity:
• 3.1) The Licence issued by PPL India strictly covers only on-ground usage of music and DOES NOT permit any non-physical / digital usage. Non-physical and digital usage of recorded music involves the consumption, distribution, or streaming of recorded music in a virtual or digital format, typically through online platforms, broadcasting television, streaming services, or digital media. This encompasses various digital forms of music consumption, such as streaming recorded music online, downloading music files, listening to music via apps or websites, or sharing music through digital platforms and social media.
• 3.2) The on-ground music usage refers to the physical and tangible deployment of music in a particular location or venue. This includes scenarios where recorded music is played live through speakers at venues, public spaces, or any physical premise where individuals can directly experience the music in a real-world setting. The Licence does not permit reproduction, copying, distribution or otherwise exploit the licensed recorded music beyond the license, including but not limited to creating derivative works or incorporating the licensed recorded music into other audiovisual work.
• 3.3) Any usage of licensed music, whether directly or indirectly, including the incorporation of third-party audio clips, for the purpose of carrying out commercial advertisement or promotion of any merchandise/product is strictly prohibited. The Licensee shall not engage in any activity that involves the unauthorized utilization of the licensed music for commercial advertisement or promotional purposes, either in its original form or as part of audiovisual content or any other medium.
• 4) Background Music Usage and Events Music Usage explained...
• 4.1) Background music usage refers to the practice of playing music in a physical premise, such as a restaurant, store, or office, to create a pleasant atmosphere and enhance the overall experience for customers or visitors. It is typically played with intention of it being unobtrusive and provides a subtle backdrop to the environment without drawing much attention. Background music aims to set a particular mood, whether it's a relaxed and soothing ambiance or an energetic atmosphere, depending on the nature of the premise and its desired ambiance.
• 4.2) Events music usage on the other hand, involves the active and featured use of music during specific shows, performances, or events. Unlike background music, events music is meant to be a focal point, captivating the audience's attention and enhancing the overall experience. It may include live performances of sound recordings, DJ sets, or carefully curated playlists aligned with the theme or purpose of the event. Events music usage is often more dynamic, engaging, and tailored to specific moments or performances, aiming to create an immersive experience for attendees.
• 4.3) Both Background Music Licence & Event Music Licence are separate & independent. A background Licence is not valid for any event and vice versa.
• 4.4) Tariff Categories for Background Music Usage have been covered under Part A & Tariff categories for Events usage have been covered in Part B
• 5) In tariff of some of the categories there is an additional fee for events where there is participation of celebrity. The celebrity has been defined as someone who is famous, especially in the areas of entertainment such as films, music, writing, sports etc., and is part of the activity. He/she might or might not perform in music and may or may not be associated with the brand as Brand Ambassador. The following tests would be applied to decide as to who is the celebrity. Recognised Public Figure: An individual who is widely recognized and acknowledged as a prominent public figure in the fields of entertainment, sports, arts, media, or any other relevant domain.
• 5.1) Extensive Media Presence: An individual who has a significant and consistent presence in various forms of media, including but not limited to television, film, radio, digital platforms, and print media.
• 5.2) Notable Achievements: An individual who has achieved significant recognition and accolades for their contributions to their respective field, such as awards, honors, or critical acclaim.
• 5.3) Substantial Social Media Following: An individual with a substantial and verifiable number of followers on various social media platforms, indicating a considerable fan base and influence.
• 5.4) High Public Demand: An individual whose presence or performance at an event significantly contributes to the event's stature and attracts a large audience or considerable media attention.
• 5.5) Commercial Endorsements: An individual who is frequently sought after for commercial endorsements and collaborations with reputable brands or organizations.
• 5.6) The determination of whether an individual qualifies as a celebrity shall be made at the sole discretion of the PPL, based on available and verifiable information, public perception, and any relevant factors considered appropriate by PPL.
• 6) Infringement Regularization and Damages:
• 6.1) The users of PPL’s recorded music are advised to ensure that a valid Licence is obtained in advance to avoid any infringement-related consequences and to enjoy the benefits of concessional rates mentioned in various categories of this Tariff. Usage of recorded music without a valid Licence shall be considered an infringement and is strictly prohibited.
• 6.2) Customers who use recorded music without an advance Licence shall not be eligible to enjoy the benefits of the tariff rates as mentioned in this Tariff Chart.
• 6.3) The management reserves the right to impose damages at a suitable multiple to the applicable tariff rates which interalia would include legal cost, unpaid Licence Fees from previous years & other amount for damages. The exact multiplier shall be determined at the discretion of the management, considering factors such as the severity and duration of the infringement.
• 6.4) Damages imposed as a result of infringement regularization shall be in addition to any other remedies available to the management under applicable laws and regulations. Customers are advised to ensure that a valid Licence is obtained in advance to avoid any infringement-related consequences and to enjoy the benefits of tariff rates.
• 7) Declarations made by the licensees:
• The various tariff in the chart is based on the declarations made by licensees about the usage of the copyrighted sound recordings controlled by PPL India. These declarations adopted in good faith which if found incorrect, shall be treated as an infringement and will suffer recovery of additional fees towards damages.
• 8) Other important conditions
• 8.1) The licenses issued under various categories of this Tariff grants the Licensee a non-exclusive and non-transferable Licence to use the copyrighted sound recordings solely for on-ground activities within the geographical boundaries of India. The Licensee shall not, under any circumstances, use the sound recordings outside the defined territorial boundaries of India.
• 8.2) No Sub-Licensing: The Licensee is expressly prohibited from sub-licensing, selling, leasing, or otherwise transferring the rights granted under the Licence taken from PPL India for on ground usage of the sound recordings controlled by PPL under any category mentioned in this tariff to any third party for any purpose.
• 8.3) Non-Transferable: This Licence is non-transferable and can only be used by the original licensee. It cannot be transferred, assigned, or shared with any other entity without prior written consent from PPL India.
• 8.4) Monitoring and Compliance: PPL India reserves the right to monitor and audit the usage of the licensed music within the licensed premises to ensure compliance with the terms of the license.
• 8.5) Termination for Violation: In the event of any violation of the usage restrictions stated in this license, the Licence will get terminated with immediate effect. The licensee will be required to cease all the use of the licensed music and may be subject to legal consequences for any breach of the license.

1.  Payments only to be made via Payment Gateway, Cheque, DD, NEFT/RTGS/IMPS. Payment in cash will not be accepted.

2.  Non Payment of Invoice shall attract Interest @ 18% p.a. along with Penal charge upto Rs. 2 Lacs.

3.  All disputes are subject to exclusive jurisdiction of courts in Mumbai only.

4.  Invoice payments are due upon receipt. All paid invoices are considered as final and no refund of the license fees shall be made.