By Lucy Rana and Shantam Sharma
A hotel pays for cable television. A restaurant subscribes to a music-streaming service. A company hires an event agency that promises to “take care of the music”. Yet each may still receive a copyright demand or face an injunction. The reason is simple: paying to access content is not always the same as securing the right to use it commercially.
Copyright societies sit at the centre of this distinction. They collectively administer specified rights for authors and other copyright owners, issue licences, collect royalties and distribute them to entitled members. For businesses, understanding who controls which rights is not an academic exercise. It is a practical safeguard against disrupted events, duplicate demands and infringement claims.
This guide explains the Indian framework, identifies the registered societies, and sets out a workable method for clearing rights before protected content is used.
What is a copyright society?
A copyright society is an association registered by the Central Government under Section 33 of the Copyright Act, 1957 to carry on the business of issuing or granting licences in respect of copyright works or other rights under the Act. Right holders authorise the society to administer identified rights; the society licenses users, collects fees and distributes royalties under its approved schemes.[1]
Collective administration solves two commercial problems. Individual creators cannot efficiently monitor every use of their works, while businesses cannot realistically negotiate with every lyricist, composer, producer or publisher. Reciprocal arrangements may also permit an Indian society to administer foreign repertoire in India and Indian repertoire abroad.[2]
Registration is important because Section 33 generally restricts the business of collective licensing to registered societies. However, an owner may continue to license its own works in its individual capacity, and a valid assignee may enforce rights it owns. A business should therefore verify whether a claimant acts as a registered society, owner, assignee or agent, and should ask for the relevant repertoire and chain of authority.[3]
How many registered copyright societies are there in India?
The Copyright Office’s published list identifies five registered copyright societies as on 21 August 2026. Registration status should be re-checked when a licence is taken because registrations are renewable and the official list may change.[4]
| Registered society | Registered class of works | Typical relevance for businesses |
| Indian Reprographic Rights Organisation (IRRO) | Reprographic, including photocopying, works | Institutional copying, course packs and reproduction of literary material |
| Recorded Music Performance Limited (RMPL) | Sound recordings | Public performance or communication of sound recordings in its repertoire |
| CINEFIL Producers Performance Limited | Cinematograph works | Commercial use or communication of cinematograph-film repertoire it administers |
| Indian Performing Right Society Limited (IPRS) | Musical works and literary works associated with musical works | Underlying compositions and lyrics, including public-performance and communication rights |
| Screenwriters Rights Association of India (SRAI) | Dramatic works and literary works associated with dramatic works | Scripts, screenplays and associated literary or dramatic rights within its mandate |
The Copyright Rules further separately contemplate performers’ societies for classes such as singers, actors, musicians and dancers. However, these are statutory categories and not necessarily registered societies. Indian Singers’ and Musicians’ Rights Association (ISAMRA) has applied for registration for singers and musicians, while All India Performers Association (AIPA) has applied for registration across multiple performer categories. Their current status should be verified from the Copyright Office and they should not automatically be included among the five registered copyright societies.[5]
Why one piece of content may require more than one licence
Copyright is a bundle of distinct rights. A commercially released song may contain: (i) literary copyright in the lyrics; (ii) musical copyright in the composition; (iii) copyright in the sound recording; and, where used in a film or video, (iv) copyright in the cinematograph film. A licence for one layer does not automatically cover the others.
The most frequent business trigger is “communication to the public”. Section 2(ff) covers making a work or performance available to be seen, heard or otherwise enjoyed by the public, whether or not anyone actually accesses it. Its explanation expressly includes simultaneous communication by satellite, cable or other means to more than one household or place of residence, including hotel or hostel rooms.[6]
This can affect background music in shops and restaurants, corporate events, hotel-room television, on-hold music, caller tunes, promotional films, internal reprographic copying, online streaming and on-demand services. The correct clearance depends on the work, right, repertoire, medium, territory, duration and audience.
A practical rights-clearance process
- Map the proposed use. Identify the content, venue or platform, audience, frequency, term and whether the use is live, recorded, broadcast, streamed, copied or made available on demand.
- Separate the rights layers. For music, distinguish lyrics and composition from the sound recording and any film. Do not assume that one invoice clears the entire work.
- Verify the licensor. Check the Copyright Office list, registration scope, member mandate, repertoire and chain of title. Ask whether the entity acts as society, owner, assignee or agent.
- Match the tariff to the use. Confirm the correct category, capacity, number of rooms or outlets, event duration, medium and tax treatment.
- Obtain a written licence before use. The document should state the repertoire or licensing basis, rights granted, term, territory, media, reporting duties, exclusions, warranties and indemnities.
- Allocate and monitor responsibility. Venue, event, agency and production contracts should identify who secures each licence. Retain licences, invoices, playlists, cue sheets and proof of payment.
Key Judgements
For businesses, copyright liability often turns on questions that are not answered by the mere existence of a subscription, assignment or licence. Who controls the sound recording and the underlying works? Does a hotel, event organiser or telecom operator require more than one licence? Can an assignee enforce copyright without being a registered copyright society? The following decisions illustrate how Indian courts have addressed these questions across films, live performances, hotels, telecom services and wedding-related events.
- IPRS v. Eastern India Motion Pictures Association, (1977) 2 SCC 820. The Supreme Court considered ownership and exploitation of underlying musical and literary works incorporated into films under the law then in force. It remains historically important, but must be read with the 2012 amendments protecting authors’ statutory royalty interests in specified exploitations.[7]
- International Confederation of Societies of Authors and Composers v. Aditya Pandey, Civil Appeal Nos. 9412-9413 of 2016, decided 20 September 2016. In appeals arising from interim proceedings instituted before the 2012 amendments, the Supreme Court declined to disturb the interim arrangement under which a licence from the sound-recording rights administrator was required for playing a sound recording in public, while a licence from IPRS was required for an independent live performance of underlying literary or musical works. The Court cautioned that observations made at the interim stage should not determine the merits of the pending suits.[8]
- Novex Communication Pvt. Ltd. v. Lemon Tree Hotels Ltd., RFA 18/2019, decided 11 January 2019. The Delhi High Court held that Section 33 did not prevent an assignee that had become the copyright owner from suing for infringement. The decision underscores the need to examine the capacity in which a licensor or claimant acts.[9]
- Super Cassettes Industries Ltd. v. Nirulas Corner House (P) Ltd., 148 (2008) DLT 487. In interlocutory proceedings, the Delhi High Court held that the plaint disclosed a triable copyright claim concerning television content made available in hotel rooms. The Court also noted that the statutory exception for recordings heard in common areas of residential premises expressly excludes hotels and similar commercial establishments.[10]
- IPRS v. Hotel Appolo & Tours Pvt. Ltd., FMA 322 of 2025, decided 4 August 2026. In an appeal arising from an interim-injunction application, the Calcutta High Court held that payment for cable connections did not, by itself, authorise the hotel to communicate IPRS-administered literary and musical works to guests through televisions installed in hotel rooms. The Court set aside the refusal of an injunction and found that IPRS had established a strong prima facie case of infringement.[11]
- Vodafone Idea Ltd. v. IPRS, 2026 SCC OnLine Cal 5736. In a dispute concerning commercial use of songs through caller tunes, ringtones and related telecom services, the Calcutta High Court held that the 2012 amendments preserve the separate rights and royalty interests of authors of underlying literary and musical works incorporated in sound recordings. It held that commercial exploitation could require an IPRS licence notwithstanding licences obtained from the sound-recording owner, subject to the statutory exception for cinematograph films exhibited in cinema halls.[12]
- Ten Events and Entertainment v. Novex Communications Pvt. Ltd., 2023:DHC:3269. he Delhi High Court discussed the exemption under Section 52(1)(za) and observed that marriage processions and social festivities associated with a marriage need not independently possess a religious character to fall within the statutory explanation. However, because the proceedings principally concerned maintainability and alleged groundless threats under Section 60, the decision should not be presented as granting a general prospective exemption for every use of music at every wedding-related commercial event.[13]
Common mistakes and the better approach
Access is mistaken for commercial permission. A streaming subscription or cable fee may provide access, not public-performance or communication rights.
The “song” is treated as one right. Confirm separately who controls the composition, lyrics, recording and film.
The organiser’s promise is accepted without evidence. Require copies of licences and make compliance a condition precedent where appropriate.
A demand notice is either paid immediately or ignored. First verify status, repertoire, mandate, tariff category, calculation and the precise use alleged.
Conclusion
India presently has five registered copyright societies, each registered for a specified class of works. The central compliance question for a business is not merely, “Do we have a licence?” It is, “Do we have the right licence, from the right person, for every protected layer and every commercial use?” A short, documented rights-clearance exercise before launch is usually far less costly than responding to an injunction, disrupted event or overlapping royalty demand.
[1] Copyright Act, 1957, s. 33; Copyright Office, Government of India, ‘Copyright Societies’ (accessed 21 August 2026).
[2] Copyright Act, 1957, s. 34(2).
[3] Copyright Act, 1957, ss. 30 and 33(1); Novex Communication Pvt. Ltd. v. Lemon Tree Hotels Ltd., RFA 18/2019, Delhi High Court, decided 11 January 2019.
[4] Copyright Office, Government of India, ‘Registered Copyright Societies’ (listing IRRO, RMPL, CINEFIL, IPRS and SRAI, accessed 21 August 2026); user-supplied Copyright_Societies.pdf.
[5] Copyright Rules, 2013, provisions governing Performers’ Societies; Copyright Act, 1957, ss. 38A and 39A.
[6] Copyright Act, 1957, s. 2(ff).
[7] Indian Performing Right Society Ltd. v. Eastern India Motion Pictures Association, (1977) 2 SCC 820; Copyright Act, 1957, ss. 18 and 19, as amended in 2012.
[8] International Confederation of Societies of Authors and Composers v. Aditya Pandey, Civil Appeal Nos. 9412-9413 of 2016 and connected appeals, Supreme Court, decided 20 September 2016.
[9] Novex Communication Pvt. Ltd. v. Lemon Tree Hotels Ltd., RFA 18/2019, Delhi High Court, decided 11 January 2019, AIRONLINE 2019 DEL 96.
[10] Super Cassettes Industries Ltd. v. Nirulas Corner House (P) Ltd., 148 (2008) DLT 487; 2008 (37) PTC 237 (Del).
[11] Indian Performing Right Society Ltd. v. Hotel Appolo & Tours Pvt. Ltd., FMA 322 of 2025, Calcutta High Court, judgment dated 4 August 2026, paras 18 and 23-29; user-supplied IPRS_Vs_Hotel_Apollo.pdf.
[12] Vodafone Idea Ltd. v. Indian Performing Right Society Ltd., A.O. (COM) No. 17 of 2024 and connected appeal, Calcutta High Court, judgment dated 8 May 2026, reported as 2026 SCC OnLine Cal 5736.
[13] Ten Events and Entertainment v. Novex Communications Pvt. Ltd., CS (COMM) 74/2021, Delhi High Court, judgment dated 12 May 2023, neutral citation 2023:DHC:3269.