Music License for Playing Music in a Restaurant or Cafe

Music License for Playing Music in a Restaurant or Cafe. Music has a magical ability to elevate the ambiance of any space, especially a restaurant or a cafe. Whether it's soothing jazz during a quiet brunch or energetic Bollywood beats for a dinner crowd, background music enhances the dining experience and leaves a lasting impression on the guests. However, playing music in public spaces like restaurants or cafes requires proper authorization. This is where a Music License for Playing Music in a Restaurant or Cafe becomes essential. Let us take you through everything you need to know about obtaining a Music License for Playing Music in your restaurant or cafe, including the legal obligations, types of licenses, issuing authorities, penalties for non-compliance, and exceptions.
Why do you need a Music License in India?
Music is a form of intellectual property protected under the Copyright Act, 1957. Every song involves multiple rights holders,  the lyricist, composer, publisher, and the producer of the sound recording. When you play music in your restaurant or cafe, you are essentially broadcasting someone else's creative work for commercial benefit. Therefore, you must obtain the necessary license from the rights holders or the copyright societies authorized to grant such licenses.
As per Indian law, using music in public places for commercial purposes without obtaining the proper license is a cognizable and non-bailable offense under Section 51 and Section 63 of the Copyright Act, 1957. Hence, if you are running a business where music plays a part of your service, you must ensure compliance.
Legal Basis for Music License
The Indian Performing Right Society (IPRS) is authorized under Section 33(3) of the Copyright Act, 1957, to issue licenses for the public performance of musical and literary works. Similarly, Phonographic Performance Limited (PPL) manages public performance rights for sound recordings.
Two circulars from the Federation of Hotel and Restaurant Associations of India (FHRAI) dated July 18 and December 30, 2013, clearly stated that restaurants and cafes must obtain licenses from PPL for recorded music and from IPRS for live music events. This legal framework ensures that the original creators of music are fairly compensated for the commercial use of their work.
Types of Music Licenses Required
There are mainly two types of licenses you need to play music in a public commercial space:
PPL License (Phonographic Performance Limited)
This is required for playing recorded music. For instance, if you are playing Bollywood or international songs through a CD, USB, or music streaming service, you must obtain a license from PPL.
IPRS License (Indian Performing Rights Society)
This license is necessary when you host live music performances. If a singer performs using original lyrics and music scores in your restaurant or cafe, you will need an IPRS license.
In many cases, establishments need both licenses if they play recorded music and host live performances.
Copyright Societies and Their Role
Copyright Societies play an essential role in managing and protecting the rights of music creators. These societies are registered under Section 33(3) of the Copyright Act and are authorized to grant licenses, collect royalties, and enforce rights against copyright infringement. One of the key advantages of having such a centralized system is convenience. Business owners can obtain all required licenses from a single place, saving time and effort. Moreover, these societies ensure better vigilance and rightful payment to original music creators.
Once registered, a copyright society like IPRS or PPL can:

Grant licenses to users.

Collect fees and royalties from music users.

Initiate legal actions against copyright infringement.

How to Obtain a Music License for Playing Music in a Restaurant or Cafe?
To obtain a Music License for Playing Music, you need to approach the concerned copyright society with the following steps:
Application Submission
Submit an application in the prescribed format to either IPRS or PPL. The application form requires you to provide details about your establishment, the type of music you will use, and how it will be played.
Payment of Fees
Pay the required license fees based on the tariff scheme published by the copyright society. The tariff varies depending on factors such as area, number of seats, and type of events hosted.
License Issuance
Upon verification, the license is granted for a specific period, allowing you to legally play music in your restaurant or cafe. If you face any issues with the fee structure, you can raise a complaint with the Copyright Board, which has the authority to intervene and resolve disputes related to tariffs.
When is the License Required?
A Music License for Playing Music in a Restaurant or Cafe is required in the following scenarios:

Playing background music through TV, radio, CDs, or digital music platforms.

Hosting live music performances or DJ nights.

Using music in customer areas like lounges, dining spaces, or lobbies.

Conducting special music events such as karaoke nights, dance parties, and music festivals.

Even if music is played on the premises through broadcast TV channels or FM radio, a license is required, as clarified by IPRS.

Meaning of Playing Music in Public
In India, there is no clear statutory definition of "playing music in public." However, UK courts have provided guidance. If music is played in a place where it is audible beyond a private setting; such as in a restaurant or commercial establishment—it is considered a public performance.
This includes situations where music is used:

In customer-facing spaces.

During events that are open to the public.

In waiting areas and lounges.

Checklist for Obtaining a Music License
To apply for a Music License for Playing Music, you must provide the following information:
Area Where Music Is Played
You need to specify the total area in square meters where music is audible. This includes all customer-facing zones such as dining halls, bars, lobbies, and even kitchens if music is played there. This information helps licensing authorities calculate royalties based on the commercial usage of music across the premises.
Seating Capacity
Mention the total number of seats available in the areas where music is played. This includes fixed and flexible seating in lounges, restaurants, cafes, or bars. Licensing fees may vary based on audience capacity, as it reflects potential music reach.
Type of Devices
Indicate the audio or visual equipment used to play music, such as televisions, radios, sound systems, CD/DVD players, or digital streaming devices. This helps licensing bodies understand the medium of music transmission and its impact.
Live Events
Provide details about live performances such as the number of musical shows, bands, or artists scheduled to perform annually. Include the expected audience size per event. Live music involves separate rights, so accurate disclosure is important for appropriate licensing.
Featured Entertainment Events
Mention special music-driven events like DJ nights, themed parties, or dance floors. Include how often these are hosted, the number of attendees they typically draw, and how long they last. These events often attract higher licensing charges due to amplified music use.
Karaoke Sessions
State how many karaoke sessions are conducted annually on your premises. Since karaoke uses pre-recorded copyrighted tracks with public performance, it requires a separate license. Frequency helps assess the level of usage and fee calculation.
Music Videos
Mention the number of screens or displays used to play music videos in your venue. Music videos involve both audio and visual rights, so licensing must cover both elements. The number of screens indicates the scale of content exposure.
Music on Hold (MOH)
If you use background music while customers are on hold during telephone calls, mention this separately. MOH requires specific rights from music copyright holders, even though it is not played in a physical location but over phone systems.
Consequences of Not Obtaining a Music License
Operating a business and playing music without the required license can lead to serious legal consequences. Under Section 51 and Section 63 of the Copyright Act, 1957, such actions are considered:

Cognizable Offenses: Police can take immediate action without prior approval.

Non-Bailable Offenses: You may not be eligible for bail immediately.

Punishable with Imprisonment: Up to three years of jail.

Financial Penalty: Fine may also be imposed for each instance of unauthorized usage.

There have been several real-world instances where performances and events were stopped due to lack of licenses. For example:

Sonu Nigam’s program in Ranchi on December 31, 2013.

Arijit Singh’s live event in Jaipur on December 23, 2013.

Pankaj Udhas’s performance in Mumbai on December 19, 2013.

These instances highlight the importance of obtaining proper licenses before hosting or playing music publicly.
Exceptions: When Music License Is Not Required
While licenses are mandatory in most commercial cases, there are a few exceptions where you may not require a Music License for Playing Music:
Educational Institutions
Music played solely for the purpose of teaching or learning within schools, colleges, or universities is generally exempt from licensing. This includes classroom instruction, rehearsal sessions, or internal performances for staff and students. However, if the music is used for public or ticketed events, licensing may still apply.
Religious Ceremonies
Music performed during religious services, such as prayers, weddings, or other forms of divine worship, is typically exempt from licensing. However, if copyrighted songs or recorded music are used beyond traditional hymns or chants, prior permission may still be required from copyright holders.
Private Events
Music used at private family functions—like birthdays, anniversaries, or weddings held at home or non-commercial venues—is usually exempt. The key factor is that the event is not open to the public and no entry fee is charged. Commercial venues hosting “private” events may still require licenses.
Hospitals and Daycare Centers
Non-commercial music played in healthcare or childcare settings—like patient rooms, waiting areas, or therapy sessions—is often exempt. The exemption applies only if the music is not used for profit-making or promotional purposes and is meant to enhance well-being.
Residential Homes
Informal music sessions in old-age homes or community residences, where there’s no commercial element or ticketing, are generally exempt. These include casual singalongs or community-based performances not intended for public entertainment or profit.
Music on Headphones
Music that is listened to individually through headphones, such as by employees or customers using personal devices, doesn’t require a license. Since it is not broadcast publicly or amplified in a shared space, it doesn’t constitute a public performance.
Out-of-Copyright Works
If a musical composition’s copyright has expired (typically 60 years after the creator’s death in India), it enters the public domain. Such works can be used freely without obtaining a license or paying royalties, though care must be taken if a modern recording of the same work is used.
Conclusion
If you are operating a restaurant or cafe and plan to improve customer experience through music, make sure to obtain the proper Music License for Playing Music in a Restaurant or Cafe. It is not only a legal requirement but also a moral obligation to respect the rights of artists and creators. Failing to obtain the license can expose your business to legal action, penalties, and reputational damage.
For assistance in applying for a music license or to clarify your doubts, you can contact Compliance Calendar LLP through mail at info@ccoffice.in or Call/Whatsapp at +91 9988424211.
FAQs
Q1. Is it mandatory to obtain a music license to play songs in my restaurant or cafe?
Ans. Yes, it is mandatory. If you play music publicly in a restaurant or cafe—whether through speakers, television, or live performances—you must obtain a Music License for Playing Music in a Restaurant or Cafe. Playing music without proper licensing violates the Copyright Act, 1957, and can attract legal penalties, including imprisonment and fines.
Q2. What are the different types of music licenses required for a restaurant or cafe? 
Ans. You need two main licenses:

PPL License (Phonographic Performance Limited) for playing recorded music such as CDs, streaming services, or radio.

IPRS License (Indian Performing Rights Society) for organizing live music performances.
 Depending on your music usage, you may require both. These licenses ensure you legally use copyrighted content in a commercial setting.

Q3. What happens if I play music in my restaurant without getting a license? 
Ans. Playing music without a Music License for Playing Music in a Restaurant or Cafe is considered a cognizable and non-bailable offense under Indian copyright law. Offenders may face imprisonment of up to 3 years, heavy fines, or both. Authorities can also stop ongoing events, as seen in the cases of several famous performances being legally halted.
Q4. Do I need a music license if I only play songs from the TV or FM radio? 
Ans. Yes. Even if music is played from TV or radio in a restaurant or cafe, a license is still required. The Indian Performing Rights Society (IPRS) clarified that such public communication of music, even through standard broadcast devices, falls under commercial use and requires licensing.
Q5. How can I apply for a music license in India for my cafe or restaurant? 
Ans. To get a Music License for Playing Music, you need to:

Submit an application form to either PPL or IPRS, depending on your use.

Include details like the area of the premises, type of music, and devices used.

Pay the applicable license fee as per their published tariff.
 Once verified, the license is issued for a certain duration, authorizing you to use the music lawfully.

Q6. Are there any exceptions where a music license is not required?
Ans. Yes, certain exceptions apply. You do not need a license for:

Private family gatherings.

Music used solely for education in schools or colleges.

Religious ceremonies.

Background music played via headphones.

Use in treatment areas of hospitals or daycare centers.
 However, these exceptions do not apply to commercial restaurants or cafes.

Q7. What details do I need to share when applying for a music license? 
Ans. When applying for a Music License for Playing Music in a Restaurant or Cafe, you must provide:

Total area where music is played.

Number of seats in the establishment.

Types of music devices used (TV, radio, etc.).

Frequency and capacity of live events, DJ nights, or karaoke sessions.

Number of screens showing music videos.

Any plans for telephone Music on Hold (MOH). Providing complete details ensures smooth processing of your license request.

Music has a magical ability to elevate the ambiance of any space, especially a restaurant or a cafe. Whether it's soothing jazz during a quiet brunch or energetic Bollywood beats for a dinner crowd, background music enhances the dining experience and leaves a lasting impression on the guests. However, playing music in public spaces like restaurants or cafes requires proper authorization. This is where a Music License for Playing Music in a Restaurant or Cafe becomes essential. Let us take you through everything you need to know about obtaining a Music License for Playing Music in your restaurant or cafe, including the legal obligations, types of licenses, issuing authorities, penalties for non-compliance, and exceptions.

Why do you need a Music License in India?

Music is a form of intellectual property protected under the Copyright Act, 1957. Every song involves multiple rights holders, the lyricist, composer, publisher, and the producer of the sound recording. When you play music in your restaurant or cafe, you are essentially broadcasting someone else's creative work for commercial benefit. Therefore, you must obtain the necessary license from the rights holders or the copyright societies authorized to grant such licenses.

As per Indian law, using music in public places for commercial purposes without obtaining the proper license is a cognizable and non-bailable offense under Section 51 and Section 63 of the Copyright Act, 1957. Hence, if you are running a business where music plays a part of your service, you must ensure compliance.

Legal Basis for Music License

The Indian Performing Right Society (IPRS) is authorized under Section 33(3) of the Copyright Act, 1957, to issue licenses for the public performance of musical and literary works. Similarly, Phonographic Performance Limited (PPL) manages public performance rights for sound recordings.

Two circulars from the Federation of Hotel and Restaurant Associations of India (FHRAI) dated July 18 and December 30, 2013, clearly stated that restaurants and cafes must obtain licenses from PPL for recorded music and from IPRS for live music events. This legal framework ensures that the original creators of music are fairly compensated for the commercial use of their work.

Types of Music Licenses Required

There are mainly two types of licenses you need to play music in a public commercial space:

PPL License (Phonographic Performance Limited)

This is required for playing recorded music. For instance, if you are playing Bollywood or international songs through a CD, USB, or music streaming service, you must obtain a license from PPL.

IPRS License (Indian Performing Rights Society)

This license is necessary when you host live music performances. If a singer performs using original lyrics and music scores in your restaurant or cafe, you will need an IPRS license.

In many cases, establishments need both licenses if they play recorded music and host live performances.

Copyright Societies and Their Role

Copyright Societies play an essential role in managing and protecting the rights of music creators. These societies are registered under Section 33(3) of the Copyright Act and are authorized to grant licenses, collect royalties, and enforce rights against copyright infringement. One of the key advantages of having such a centralized system is convenience. Business owners can obtain all required licenses from a single place, saving time and effort. Moreover, these societies ensure better vigilance and rightful payment to original music creators.

Once registered, a copyright society like IPRS or PPL can:

Grant licenses to users.
Collect fees and royalties from music users.
Initiate legal actions against copyright infringement.

How to Obtain a Music License for Playing Music in a Restaurant or Cafe?

To obtain a Music License for Playing Music, you need to approach the concerned copyright society with the following steps:

Application Submission

Submit an application in the prescribed format to either IPRS or PPL. The application form requires you to provide details about your establishment, the type of music you will use, and how it will be played.

Payment of Fees

Pay the required license fees based on the tariff scheme published by the copyright society. The tariff varies depending on factors such as area, number of seats, and type of events hosted.

License Issuance

Upon verification, the license is granted for a specific period, allowing you to legally play music in your restaurant or cafe. If you face any issues with the fee structure, you can raise a complaint with the Copyright Board, which has the authority to intervene and resolve disputes related to tariffs.

When is the License Required?

A Music License for Playing Music in a Restaurant or Cafe is required in the following scenarios:

Playing background music through TV, radio, CDs, or digital music platforms.
Hosting live music performances or DJ nights.
Using music in customer areas like lounges, dining spaces, or lobbies.
Conducting special music events such as karaoke nights, dance parties, and music festivals.

Even if music is played on the premises through broadcast TV channels or FM radio, a license is required, as clarified by IPRS.

Meaning of Playing Music in Public

In India, there is no clear statutory definition of "playing music in public." However, UK courts have provided guidance. If music is played in a place where it is audible beyond a private setting; such as in a restaurant or commercial establishment—it is considered a public performance.

This includes situations where music is used:

In customer-facing spaces.
During events that are open to the public.
In waiting areas and lounges.

Checklist for Obtaining a Music License

To apply for a Music License for Playing Music, you must provide the following information:

Area Where Music Is Played

You need to specify the total area in square meters where music is audible. This includes all customer-facing zones such as dining halls, bars, lobbies, and even kitchens if music is played there. This information helps licensing authorities calculate royalties based on the commercial usage of music across the premises.

Seating Capacity

Mention the total number of seats available in the areas where music is played. This includes fixed and flexible seating in lounges, restaurants, cafes, or bars. Licensing fees may vary based on audience capacity, as it reflects potential music reach.

Type of Devices

Indicate the audio or visual equipment used to play music, such as televisions, radios, sound systems, CD/DVD players, or digital streaming devices. This helps licensing bodies understand the medium of music transmission and its impact.

Live Events

Provide details about live performances such as the number of musical shows, bands, or artists scheduled to perform annually. Include the expected audience size per event. Live music involves separate rights, so accurate disclosure is important for appropriate licensing.

Featured Entertainment Events

Mention special music-driven events like DJ nights, themed parties, or dance floors. Include how often these are hosted, the number of attendees they typically draw, and how long they last. These events often attract higher licensing charges due to amplified music use.

Karaoke Sessions

State how many karaoke sessions are conducted annually on your premises. Since karaoke uses pre-recorded copyrighted tracks with public performance, it requires a separate license. Frequency helps assess the level of usage and fee calculation.

Music Videos

Mention the number of screens or displays used to play music videos in your venue. Music videos involve both audio and visual rights, so licensing must cover both elements. The number of screens indicates the scale of content exposure.

Music on Hold (MOH)

If you use background music while customers are on hold during telephone calls, mention this separately. MOH requires specific rights from music copyright holders, even though it is not played in a physical location but over phone systems.

Consequences of Not Obtaining a Music License

Operating a business and playing music without the required license can lead to serious legal consequences. Under Section 51 and Section 63 of the Copyright Act, 1957, such actions are considered:

Cognizable Offenses: Police can take immediate action without prior approval.
Non-Bailable Offenses: You may not be eligible for bail immediately.
Punishable with Imprisonment: Up to three years of jail.
Financial Penalty: Fine may also be imposed for each instance of unauthorized usage.

There have been several real-world instances where performances and events were stopped due to lack of licenses. For example:

Sonu Nigam’s program in Ranchi on December 31, 2013.
Arijit Singh’s live event in Jaipur on December 23, 2013.
Pankaj Udhas’s performance in Mumbai on December 19, 2013.

These instances highlight the importance of obtaining proper licenses before hosting or playing music publicly.

Exceptions: When Music License Is Not Required

While licenses are mandatory in most commercial cases, there are a few exceptions where you may not require a Music License for Playing Music:

Educational Institutions

Music played solely for the purpose of teaching or learning within schools, colleges, or universities is generally exempt from licensing. This includes classroom instruction, rehearsal sessions, or internal performances for staff and students. However, if the music is used for public or ticketed events, licensing may still apply.

Religious Ceremonies

Music performed during religious services, such as prayers, weddings, or other forms of divine worship, is typically exempt from licensing. However, if copyrighted songs or recorded music are used beyond traditional hymns or chants, prior permission may still be required from copyright holders.

Private Events

Music used at private family functions—like birthdays, anniversaries, or weddings held at home or non-commercial venues—is usually exempt. The key factor is that the event is not open to the public and no entry fee is charged. Commercial venues hosting “private” events may still require licenses.

Hospitals and Daycare Centers

Non-commercial music played in healthcare or childcare settings—like patient rooms, waiting areas, or therapy sessions—is often exempt. The exemption applies only if the music is not used for profit-making or promotional purposes and is meant to enhance well-being.

Residential Homes

Informal music sessions in old-age homes or community residences, where there’s no commercial element or ticketing, are generally exempt. These include casual singalongs or community-based performances not intended for public entertainment or profit.

Music on Headphones

Music that is listened to individually through headphones, such as by employees or customers using personal devices, doesn’t require a license. Since it is not broadcast publicly or amplified in a shared space, it doesn’t constitute a public performance.

Out-of-Copyright Works

If a musical composition’s copyright has expired (typically 60 years after the creator’s death in India), it enters the public domain. Such works can be used freely without obtaining a license or paying royalties, though care must be taken if a modern recording of the same work is used.

Conclusion

If you are operating a restaurant or cafe and plan to improve customer experience through music, make sure to obtain the proper Music License for Playing Music in a Restaurant or Cafe. It is not only a legal requirement but also a moral obligation to respect the rights of artists and creators. Failing to obtain the license can expose your business to legal action, penalties, and reputational damage.

For assistance in applying for a music license or to clarify your doubts, you can contact Compliance Calendar LLP through mail at info@ccoffice.in or Call/Whatsapp at +91 9988424211.

FAQs

Q1. Is it mandatory to obtain a music license to play songs in my restaurant or cafe?

Ans. Yes, it is mandatory. If you play music publicly in a restaurant or cafe—whether through speakers, television, or live performances—you must obtain a Music License for Playing Music in a Restaurant or Cafe. Playing music without proper licensing violates the Copyright Act, 1957, and can attract legal penalties, including imprisonment and fines.

Q2. What are the different types of music licenses required for a restaurant or cafe?

Ans. You need two main licenses:

PPL License (Phonographic Performance Limited) for playing recorded music such as CDs, streaming services, or radio.
IPRS License (Indian Performing Rights Society) for organizing live music performances.

Depending on your music usage, you may require both. These licenses ensure you legally use copyrighted content in a commercial setting.

Q3. What happens if I play music in my restaurant without getting a license?

Ans. Playing music without a Music License for Playing Music in a Restaurant or Cafe is considered a cognizable and non-bailable offense under Indian copyright law. Offenders may face imprisonment of up to 3 years, heavy fines, or both. Authorities can also stop ongoing events, as seen in the cases of several famous performances being legally halted.

Q4. Do I need a music license if I only play songs from the TV or FM radio?

Ans. Yes. Even if music is played from TV or radio in a restaurant or cafe, a license is still required. The Indian Performing Rights Society (IPRS) clarified that such public communication of music, even through standard broadcast devices, falls under commercial use and requires licensing.

Q5. How can I apply for a music license in India for my cafe or restaurant?

Ans. To get a Music License for Playing Music, you need to:

Submit an application form to either PPL or IPRS, depending on your use.
Include details like the area of the premises, type of music, and devices used.
Pay the applicable license fee as per their published tariff.

Once verified, the license is issued for a certain duration, authorizing you to use the music lawfully.

Q6. Are there any exceptions where a music license is not required?

Ans. Yes, certain exceptions apply. You do not need a license for:

Private family gatherings.
Music used solely for education in schools or colleges.
Religious ceremonies.
Background music played via headphones.
Use in treatment areas of hospitals or daycare centers.

However, these exceptions do not apply to commercial restaurants or cafes.

Q7. What details do I need to share when applying for a music license?

Ans. When applying for a Music License for Playing Music in a Restaurant or Cafe, you must provide:

Total area where music is played.
Number of seats in the establishment.
Types of music devices used (TV, radio, etc.).
Frequency and capacity of live events, DJ nights, or karaoke sessions.
Number of screens showing music videos.
Any plans for telephone Music on Hold (MOH). Providing complete details ensures smooth processing of your license request.