AUDIO-VIDEO PERFORMANCE LICENSE
Maximizing Global Royalties for Audio-Video Creators through Secure Public Performance Rights.
- AUDIO-VIDEO PERFORMANCE LICENSE
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Maximizing Global Royalties for Audio-Video Creators through Secure Public Performance Rights.
Public performance rights are the fundamental aspect of copyright business dynamics that governs the utilisation and monetisation of creative works in public spaces.
In the digital age, “communication to public” have accelerated due to the rise of new technologies and AVPL (Audio-Video Performance License) explores the commercial Framework, challenges, and contemporary issues surrounding public performance rights for collection of royalties for owners from Domestic and International territorial extent with a focus on how the Producers of Features Films, Negative right owners , Web series producers , OTT Films, OCC platforms,Music Albums producers, Dubbing right Owners etc can benefit and navigate the Audio – Video performance landscape to maximise their revenues in India and from Overseas in foreign exchange.
AVPL exclusively monetises Public Performance Rights for Cinematograph Films (Video) and
Sound Recordings (Audio) when communicated to the public, as defined under Section 2(ff) of the
Copyright Act, 1957. These rights are enforced in venues such as hotels, restaurants, airports,
clubs, event venues, lounges, housing societies, tourist transport operators, public parks, malls,
offices, shopping centres, resorts, stadiums, hospitals, nursing homes, clinics, electronic stores etc. .
AVPL ensures that public performance royalties are accurately collected and distributed, working with
businesses and legal entities to maintain compliance with copyright laws. Through strategic
partnerships and technological advancements, AVPL optimises royalty collection and protects the
rights of producers and content owners.
Important Note: AVPL does not manage or monetise any other copyright rights, including but not
limited to Negative Rights, Theatrical, Terrestrial, Satellite, Cable, Dubbed Film Rights, Digital
Rights, OTT, and OCC. These rights remain exclusively with the Producers/Owners and not with
AVPL, unless Producers have specifically assigned to AVPL on case to case basis.
Under copyright law, two distinct works exist:
• Cinematograph Film (Video)
• Sound Recording (Audio)
If a producer has assigned negative master sound/audio rights to a third party (such as a music
label), AVPL cannot collect public performance royalties for such content. However:
• If the producer retains negative master sound/audio rights, AVPL can collect public
performance royalties for sound recordings.
• If the producer retains negative rights for Cinematograph Films (Video), AVPL can collect
royalties for video content.
• AVPL collects and distributes Public Performance Rights for Cinematograph Films
(Video), Sound Recordings (Audio), or both, provided these rights are with the producer.
Currently, an increasing number of producers retain their master sound/audio rights, reflecting a
common industry trend. This shift is due to producers recognising the value of holding onto negative
rights for direct monetisation. AVPL facilitates this process by ensuring that producers receive the
compensation they are entitled to when their works are used in public spaces.
AVPL enables producers to unlock an additional revenue stream by collecting Audio-Video Public
Performance Royalties from public establishments. This revenue is often under-utilised or
untapped, and AVPL aims to maximise collection efforts both in India and internationally for the
benefit of producers and negative rights owners.
Key Benefits for Producers/Content Owners:
• Combined Audio-Video Public Performance Royalty Collection
• Revenue Maximisation
• Global Reach
• Extensive Commercial Establishment Coverage
• Simplified Licensing Process
• Compliance with Domestic & International Copyright Frameworks
• Additional Monetisation of Content
• Support for Long-Term Royalty Growth
• Protection Against Unauthorised Use
• Assistance with Royalty Audits and Legal Matters
Important Note: All other retained copyrights, including Negative Rights, Theatrical, Satellite,
Digital, OTT, and Dubbed Film Rights, remain solely with the Producers/Owners and not with
AVPL.
No. Once a producer assigns or sells negative rights (Audio/Video), they forfeit any entitlement
to Public Performance Royalties.
The assignee (negative rights owner) becomes the exclusive rights holder and is entitled to all
associated benefits for the duration of the copyright term.
Additionally, producers must ensure that all agreements clearly outline the scope of rights being
assigned. If any ambiguity exists in contractual terms, it may lead to legal disputes over royalty
entitlements. AVPL advises producers to carefully structure their agreements to retain necessary
rights for continued revenue generation, till the copyright term exist.
AVPL follows an internationally recognised system for royalty computation, categorised into:
• Logged Payments: Establishments with a predefined playlist of songs/films, allowing direct
and transparent royalty distribution.
• Unlogged Payments: Establishments where no predefined list is available (e.g., hotels,
restaurants, lounges). Royalties from these collections are allocated based on industry
metrics, considering factors such as popularity (super-hit, hit, average, flop, etc to
distribute from the net proceeds.
AVPL is actively investing in blockchain technology to enhance transparency and efficiency in
royalty distribution. The use of blockchain ensures real-time tracking, automated transactions, and a
secure record of all royalty collections. Producers benefit from this cutting-edge approach as it
minimises discrepancies and enhances trust in the royalty distribution process.
No. Producers are not required to invest capital or pay operational expenses for AVPL’s services.
Royalty distribution is overseen by AVPL’s Committee of Prominent Producers, which determines
revenue allocation. AVPL charges a 15% service fee on net proceeds, subject to applicable GST.
This transparent approach ensures that producers receive fair and consistent payments from Audio
Video public performance rights.
No. Cinematograph Film under Section 2(f) of the Copyright Act, 1957 includes all forms of video
works, regardless of their classification.
AVPL collects royalties for:
• Feature Films
• OTT Films
• Documentaries
• Short Films
• Dubbed Films
• Music Albums (Video Format)
• Visual recording of the performance produced u/s 38 of Copyright Act 1957 on
special right.
• Corporate Videos and Advertisements
• Training and Educational Videos
• Any other Cinematograph Works (including video films) or visual recording .
No. AVPL does not collect royalties from entities such as Satellite Broadcasters, Doordarshan,
Studios, or YouTube due to their customised , direct licensing agreements with producers.
Additionally, many of these entities are themselves content producers, meaning that rather than
paying AVPL, they would be the ones entitled to receive royalties for their contents, being producers.
AVPL focuses solely on public establishments (“below-the-line” users) that commercially exploit
audio-video contents.
AVPL issues Audio-Video Performance Licenses under Section 30, read with Section 2(ff) of the
Copyright Act, 1957, covering both domestic and international territories.
Primary Collection Avenues Include:
• Hotels, Restaurants, Lounges, Clubs, Resorts, Stadiums, Event Venues
• Hospitals, Clinics, Nursing Homes, Housing Societies
• Shopping Malls, Offices, Airports, Seaports, Public Parks, Tourist Transport Operators,
Electronics Stores etc.
These establishments are classified as Licensees, who require a license from AVPL to publicly
perform audio-video contents
No, licensees are not required to obtain licenses from all copyright entities.
However, if licensees decide that only a limited selection of audio-video content is necessary for their
establishment, they may choose the most suitable copyright societies or entities available in the
market. This allows them to optimise their licensing costs while ensuring compliance with copyright
laws.
If licensees wish to utilise a comprehensive range of audio-video contents, they must obtain public
performance licenses from all relevant copyright societies and entities. This is because each copyright
society or entity has authorisation or assignment of public performance rights for specific producers
and content owners, for whom they issue licenses and collect royalties.
Therefore, it is essential for licensees to analyse which audio-video content they intend to use, along
with the mode of audio-video display and/or diffusion in their establishments. By making an informed
decision, licensees can ensure they are legally compliant and avoid potential disputes.
Ultimately, licensees must operate as IP-sensitive establishments, recognising and respecting the
rights administered by the respective copyright societies and entities whose audio-video content they
utilise.
AVPL issues licenses of “Public Performance Rights” of VIDEO (Cinematograph Film work ) and AUDIO (Sound Recording work ) that are communicated to the Public on the Audio-Video catalogues duly assigned by the Owners with the mandate to collect on their behalf the Audio- Video Public Performance license fees from Public places.
AVPL licenses to be obtained by those who does “Communication to the Public” which primarily are – hotels, restaurants, establishments, radio broadcasting organisations, cable operators, airports, clubs, exhibition/event venues, lounges, housing societies, tourist transport operators, public park authorities, malls, shopping centres, resorts, stadiums, hospitals, Nursing homes, Clinics etc. and / or such similar avenues in connection to Audio-Video public performance rights on communication to public.
Public Performance refers to performance of VIDEO (Cinematograph Film work ) and AUDIO (Sound Recording work ) by “communication to the public” for enjoyment and entertainment.
• There are Three different Public Performance licenses , which are distinct and separate.
– Annual License : Issued on yearly basis for Audio- Video communication by the establishments.
– Event License : Specific to that event which gets exhausted on the conclusion of that particular event.
– Charity License : are those which are issued to body corporates who are in benevolent / philanthropy or social causes , subject to prior approval by AVPL’s Committee.
Yes, besides for Hindi contents , its absolutely necessary to obtain AVPL license for Regional contents also because the assigned Audio/Video contents by the Owners for collecting Public Performance Rights are from all the regions across the country viz: Punjabi, Bhojpuri , Marathi, Gujrati , Bengali , Oriya , Tamil, Telugu, Kannada , Malayalam etc.
AVPL license permits for those contents which belong to AVPL, which have been assigned by the Audio- Video content owners. For content details. please click the content page.
Please note that – the cable connections , Amazon stick etc are for “personal viewing” and not for communication to PUBLIC . Once the TV sets or LCD Screen or any display machines are installed for PUBLIC VIEWING , it’s statutorily considered as “COMMUNICATION TO PUBLIC. Please refer above for definitions of “Communication to Public” . Explanation given under Section 2(ff) of Copyright Act 1957 categorically covers that – communication through satellite or cable or any other means of simultaneous communication to more than one household or place of residence including residential rooms of any hotel or hostel shall be deemed to be communication to the public.
Let’s make it very simple that , downloading the music and film by paying to the platforms / paid the money to DJ Band etc for playing the music and video , is only for your Personal viewing and not for Public consumption. Please note that , the moment the Audio-Video contents are displayed to Public by any diffusion by DJ or any person , obtaining AVPL license becomes mandatory to protect the contents of legitimate Owners who have assigned the public performance rights to AVPL.
Yes, this can be customised with our Licensing Executive, subject to how many events are planned in a year by your establishment and accordingly License fees can be determined as per the Tariff plan.
Yes , AVPL Annual license can be issued for more than one year and for this you have to deliberate with our Licensing Executives to customise the Tariff plan.
The distribution scheme is finalised by the Committee of Owners / Producers of AudioVideo contents and it’s represented by the Producers from all regions. Importantly, broad policy with utmost transparency shall be decided on the license fees collected from logged and unlogged contents vis-a- vis the categorisation done by the said Committee on the contents of Super hit , Hit , average etc, as the case may be , which shall be critically driven by specialised software on AI driven blockchain technology.
As on date , AVPL has not signed with any International label or producers , however we endeavour to provide Non- copyright Audio contents of International songs in different genres, FREE OF COST to AVPL Licensees as specialised service on case to case basis.
We earnestly appeal to all the individuals and establishments to obtain the requisite license from AVPL, failing which , it tantamount to infringement pursuant to Section 51 , read with Section 63 of Copyright Act 1957 which are Cognizable and non-bailable, as deem proper , strictly in accordance to the law.
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