The Copyright Office vide public notice dated February 18, 2022, notified that the Pahari Performing Rights Association has filed an application for registration as a copyright society under Section 33 of the Copyright Act, 1957 for carrying out business of issuing or granting license in respect of musical works as defined under Section 2(p) of the Copyright Act, 1957 and literary work associated with musical work. The Copyright Office has invited objections / comments from general public/ stakeholders within 30 days of publication of the notice. Read the public notice here.
What is Pahari Performing Rights Association (PPRA)?
From information available online, it appears to be an association registered in Solan, Himachal Pradesh. The company seems to be incorporated on 28th October, 2021.
We did not come across any website of this association.
Impact on IPRS
Currently IPRS (Indian Performing Rights Association) is the only registered copyright society in India for the business of issuing licenses in musical works and associated literary works i.e. lyrics.
There is no instance in India where the Government has granted registration to more than one copyright society for the same class of works. If the Government grants registration to PPRA it would pave way for other similar societies by setting a precedent for other copyright society applications pending with the Government for same classes of works.
As mentioned in our post here, currently, the following copyright societies are registered in India:
| Indian Performing Rights Society (IPRS) | Musical composition and associated lyrics |
| Indian Singers Rights Association (ISRA) | Performances (Performers rights ) |
| Recorded Music Performance Limited | Sound recording |
| Indian Reprographic Rights Organization (IRRO) | Reprographic rights in the field of literary works |
The following applications were filed, status of which is not known:
| Screenwriters Rights Association of India (SRAI) | Class of work: literary and dramatic works such as story, script, screenplay, dialogues or any other literary works (excluding lyrics)
The Copyright Office had issued public notice inviting objections on October 27, 2020 Status of application unknown |
| Phonographic Performance Limited (PPL) | Class of work: sound recording
In an order dated May 25, 2021, passed by the Government, PPL’s application for re-registration as a copyright society under Rule 47 of the Copyright Rules, 2013 was rejected. PPL challenged the order and the matter is pending in the Delhi High Court |
| Cinefil Producers Performance Limited (CPPL) | CPPL had applied for registration as a copyright society for cinematographic films.
The Copyright Office had issued a public notice on November 22, 2018. Status of application unknown |
| South Indian Music Companies Association (SIMCA) | As per information from sources, SIMCA’s application for registration as a copyright society was rejected by the Copyright Office. |
| All India Film Chamber of Commerce (AIFCC)
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The Copyright Office vide public notice dated October 27, 2021 had invited objections from public. |
There ought to be more transparency in the status of these pending applications. If the applications are rejected, the same should be informed to the public as well with the reasoning for such rejection.
The Government in the last few years has called for several stakeholder meetings to discuss the various aspects pertaining to registration of multiple copyright societies as opposed to single copyright society in a single class of work. Read our posts here and here. Those in favour of multiple societies for same class of work are of the view that competition is necessary and users should have choice of multiple societies to avoid monopolistic practices being carried by a single society. Particularly, regional players have been demanding for creation of multiple societies for same class of work. As the name suggests PPRA appears to be an association dealing with Pahari music. While having multiple societies becomes onerous for users to take multiple licenses from different associations, the question arises on whether there is need for such regional societies to come into place to have adequate representation or should the existing societies have regional branches giving fair representation to regional players including in their management and control.
Image source: here
