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It may not be music to their ears

Sahana Charan

Hospitals playing channelled music to soothe stretched nerves may be violating the law


Around 10 hospitals in Bangalore are using pre-recorded music

Not a single hospital has applied for licence under the Copyright Act


BANGALORE: Music is a great way to calm your frazzled nerves when you are ill and many corporate hospitals in the city have caught on to the trend of playing soothing melodies as part of therapy. But did you know that all establishments, including hospitals, which play pre-recorded music on their premises, have to compulsorily get a licence from Phonographic Performance Limited (PPL) to do so?

Not many do. And probably that is the reason why not a single hospital in Bangalore has applied for a licence under the Copyright Act, 1957, to play pre-recorded music in the form of gramophone records, music cassettes or CDs, despite it being mandatory.

Copyright Act

PPL is a copyright society with respect to sound recordings, headquartered in Mumbai and is registered under the Government of India.

Under the Copyright Act, PPL is the only organisation in the country authorised to administer the Broadcasting/Telecasting and Public Performance Rights on behalf of 137 music companies in India who are its members, including HMV (Saregama), Tips, Sony Music, BMG Crescendo and Universal among others.

Any broadcast of Indian or international music from sound recordings of PPL members in public places including hotels, restaurants, cinema halls, discotheques, hospitals and nursing homes without permission constitutes an infringement of copyright under the Act. Such violation is a cognisable and non-bailable offence, attracting heavy penalty.

T. Prabhu, Assistant Business Development Manager for PPL here, said that most hospitals and clinics were not aware that they had to obtain such a licence.

“We have initiated a process of creating awareness among healthcare institutions in the southern region on this issue for the last two years. In Bangalore, we have been interacting with hospitals for the last six months,” he said.

There are about eight to 10 hospitals in the city that are using pre-recorded music and need to obtain prior permission.

According to the law, even playing music on television without obtaining licence from PPL amounts to violation and this will cover many more hospitals. The tariff for the licence ranges between Rs. 2,500 for a clinic to upwards of Rs. 20,000 a year for a hospital with 50 beds and above.

Cool response

Mr. Prabhu added that initially, the response from hospitals was not very favourable because of which the procedure was taking a long time.

“We have initially taken the step of providing information and guiding them. Through advertisements and personal meetings, we are trying to convince them that it is mandatory. But if hospitals refuse to comply, we will have to send them legal notices as it amounts to non-physical piracy,” he told The Hindu.

Notices

A few months ago, PPL had sent legal notices to two hospitals in Chennai that refused to pay the stipulated tariff and obtain licence for playing pre-recorded music. But now these hospitals have complied with the directive.

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