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Mumbai, Dec. 27: With its mascot just out of one controversy, Souravs didnt want another on its plate so soon. So just a day after getting legal notice for playing copyrighted music without paying licence fees, the restaurant paid up.
But many others, including the international hotel chain Hyatt Regency and Peerless Inn, havent. They now stand to be taken to court by Phonographic Performance Limited of India (PPL) for missing its December 27 deadline.
A PPL circular had earlier directed hotels/pubs/restaurants and other party and event organisers in Calcutta and 10 other cities to get a licence for musical performances during the party season. Those who didnt comply by December 23 were served legal notices and asked to pay up by today.
Many havent. Even international hotel chains like Hyatt who stringently follow copyright and music piracy laws in the West try to find ways to circumvent the law when they are here. We will now file a case to get their events revoked following a court order, said Vipul Pradhan, CEO of PPL.
Among other Calcutta establishments that received legal notice are Nicco Park, Ibiza, Palm Village Resort, Cloud Nine, Calcutta Punjab Club, Space Circle and Hotel Lindsay.
Section 35 of the Indian Copyright Act of 1957 says hotels/pubs/restaurants and other commercial event organisers playing copyrighted music have to pay a licence fee of Rs 10,000-50,000 to PPL, the apex-licensing arm of the Indian Music Industry, which has some 127 music companies as members.
The amount of the tariff depends on the number of hours the music is played and the number of people expected to attend an event.
But it is a general practice by these establishments to play music on the sly without paying licence fees. This year, for the first time, we have started an all-India drive to take on defaulters, said Pradhan.
So far, PPL had concentrated on Delhi, Mumbai and Bangalore. But with Calcuttas happening party circuit now beeping countrywide, PPL has decided to widen its focus.
Calcutta is rocking with all-round development. People are working hard and playing harder. There are more hotels, restaurants and pubs than ever before. We sent legal notices to a host of defaulters this time. Some like Souravs paid up. Many didnt and will have to face the music now, said Sowmya Choudhury, PPLs national sales manager (events).
Choudhury said compared to other states, the Bengal government has been proactive in checking copyright violations and had recently issued a circular.
Last year, PPL undertook a similar exercise in Bangalore (Valentines Day) and Delhi (New Years Eve) against defaulting hotels/pubs and got injunctions from the high court.
This year, it has expanded its drive to include Lucknow, Jaipur, Goa, Pune and Hyderabad, besides the four metros and Bangalore.
With the party circuit hotting up around Christmas and New Year, it is a golden time for hotels/pubs. They rake in the moolah with DJ nights and steeply priced New Year party packages which translate into huge revenues.
Yet, when it comes to paying a nominal tariff to PPL for playing music for commercial purposes, the profit makers just refuse to acknowledge their fee liability. So we have asked our vigilance teams to be extra alert this time, said Pradhan.
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