Music license strikes sour note at weddings and parties; pay for Sinhala, Tamil and Hindi songs
New regulations have been gazette requiring a license to play songs at weddings, parties, banks, supermarkets, private and corporate events, and DJ shows, in a move described as a measure to protect intellectual property rights.The regulations gazette by the Association of Creators and Publishers of Sri Lanka (ACPOSL) under the National Intellectual Property Office of Sri Lanka came into force last Tuesday.Accordingly, the association has informed hotels and other institutions that a license needs to be obtained for musical events at a variable fee ranging from Rs 20,000 to 125,000, depending on the attendees.
The licensing will initially apply for Sri Lankan musical works represented by the Association and Hindi and Tamil musical works represented through the Indian Performing Rights Society (IPRS).The regulations have already drawn reactions from various sectors, including the hotel industry.Asoka Hettigoda, president of the Hotels Association of Sri Lanka (THASL), told the Sunday Times hotels could even stop playing Sinhala music at their premises if the new license fee creates an additional financial burden on hotels.
He said that this regulation will eventually be a negative influence on the industry of tourism in Sri Lanka, as it impacts the popularity of Sinhala music among the tourists who come here to experience authentic Sri Lankan culture. Events and functions exclusively playing English-language or other foreign musical works will not be required to obtain a license.The license should be obtained by the event organizer 14 days prior to the event by the hotel or an independent event organizer such as a corporate client, wedding organizer or other individual organizer.
According to ACPOSL, events and functions, including weddings and wedding receptions, private parties, corporate events, dinner dances, award ceremonies, product launches, promotional events, sponsored events, conferences involving musical entertainment, DJ events, live band performances, performances by singers, hybrid events involving both live and recorded music, concerts and music-focused shows, require obtaining the license. Accordingly, DJ events with below 100 persons, 100-300 persons, and above 300 persons require paying a license fee of Rs 20,000, Rs 30,000 and Rs 40,000, respectively. The license fee for live music events with the same capacity categories will be Rs 25,000, Rs 35,000 and Rs 50,000, respectively.
Meanwhile, private or corporate DJ events with the same capacity categories will require paying a license fee of Rs 25,000, Rs 40,000 and Rs 50,000, respectively. Private or corporate events involving either live music or hybrid will require payment of Rs 50,000, Rs 75,000 and Rs 125,000, respectively.ACPOSL Chairman Nilar N. Cassim told the Sunday Times under the National Intellectual Property Office of Sri Lanka (NIPO) the association has decided to introduce this new regulation aiming to distribute royalties accurately to the relevant composers, authors and publishers of music.
He said that most of the time, even though the singers usually get recognition and attribution, most music composers and lyricists are not given credits and valued. Therefore, the objective of this regulation is to obtain their royalty and credits when their music is used in commercial music events.ACPOSL said the licensing requirement is primarily aimed at commercially organized music events, while small-scale artists and DJ artists would not be subjected to the requirements in certain circumstances.
However, Mr Hettigoda pointed out the unreasonableness of this implementation, describing it as an ‘overkill’, and said that the THASL approached the Tourism Ministry for further advice on the matter.Under the regulations, hotels should not permit an event without an ACPOSL license or clearance, and after the event, the organizer should ensure that an audio recording sufficient to identify the music played is provided to the association.The regulations also cover supermarkets, retail stores, banks, financial institutions, showrooms, exhibition complexes, shopping malls, arcades, plazas, office buildings and cinema halls. For commercial premises an annual license will be issued, with the rates differing according to the area size. The fee also varies depending on the municipal council, urban council or Pradeshiya Sabha area of the premises.
The licensing scheme also applies to passenger buses, coaches, tourist transport vehicles, and passenger trains.