It is part of copyright law and demands payment to the music's composer/lyricist and publisher (with the royalties generally split 50/50 between the two).
Permission to publicly perform a song must be obtained from the copyright holder or a collective rights organization.
The primary provisions governing the performing rights of the copyright owner are given under subsections 4 and 6 of § 106 of the U.S.
Subsection 6 was added in 1996 in order to allow owners of sound recordings the exclusive right to perform their work publicly.
In addition to the capricious definition, performances of musical compositions and the underlying sound recordings must be noted separately.
2008), a consortium of copyright holders including Turner Broadcasting, 20th Century Fox, Paramount Pictures and Disney along with their subsidiaries sued Cablevision for its "Remote DVR" technology which allowed people to pause, record, replay and rewind previously stored content.
While rejecting the third contention raised by the plaintiff the court assumed for the sake of its argument that Cablevision was indeed responsible for the transmission.
[5] Thus, the clinching point in the case was the fact that each subscriber had to create their own personal copy of the copyrighted work.
In Indian Performing Rights Society v Eastern Indian Motion Pictures Association & Ors.,[13] it was held that once the author of a lyric or a musical work parts with his portion of his copyright by authorizing a film producer to incorporate it in a cinematographic film, the producer acquires the exclusive right of performing the work in public, without having to secure any further permission of the author of the musical work or lyric.
The Court ignored the idea contained in section 13(4), that authors of musical works retain an independent right of public performance even after licensing the same for incorporation in a film.
[14] The Legislature sought to negate the effect of the Court's judgement by enacting the Copyright (Amendment) Act 2012.
As a result of this amendment, the authors would own their rights in the music and lyrics even if they were created for the purpose of a cinematograph film, regardless of anything mentioned in section 17.