Music Licence Agreement (Pakistan)

A Music Licence Agreement in Pakistan is a legally binding contract under which the owner of a musical work — the licensor — grants a licensee permission to use, perform, broadcast, reproduce, or distribute that work within defined parameters, without transferring ownership of the underlying copyright. The Music Licence Agreement (Pakistan) is governed principally by the Copyright Ordinance 1962 (as amended by the Copyright (Amendment) Ordinance 2000 and subsequent notifications), which is the primary statute protecting musical works, sound recordings, and broadcasts in Pakistan.

Under Section 13 of the Copyright Ordinance 1962, copyright subsists in original musical works created by Pakistani nationals or first published in Pakistan, as well as in works of foreign nationals protected by virtue of Pakistan's membership in the Berne Convention for the Protection of Literary and Artistic Works 1886. Musical works are defined under the Copyright Ordinance 1962 to include any work consisting of music, exclusive of any words or action intended to be sung, spoken, or performed with the music. Sound recordings associated with musical works attract separate copyright protection under Section 13(c) of the Copyright Ordinance 1962.

The Intellectual Property Organization of Pakistan (IPO-Pakistan), established under the Intellectual Property Organization of Pakistan Act 2012, is the federal body responsible for administering copyright registration and enforcement in Pakistan. While copyright registration is not a prerequisite for legal protection under the Copyright Ordinance 1962 — protection arises automatically upon creation — registration with IPO-Pakistan provides prima facie evidence of ownership and supports enforcement proceedings before the Intellectual Property Tribunal.

The Intellectual Property Tribunal, constituted under Section 27-A of the Copyright Ordinance 1962 as amended, has exclusive jurisdiction over disputes arising from copyright infringement, including infringement of musical works. The Tribunal is empowered to award injunctions, damages, delivery of infringing copies, and account of profits under Section 60 of the Copyright Ordinance 1962. Civil and criminal remedies are both available: Section 66 of the Copyright Ordinance 1962 prescribes criminal penalties for copyright infringement, including imprisonment of up to three years and a fine of up to PKR 100,000 for first offences.

A Music Licence Agreement in Pakistan must be distinguished from a copyright assignment: a licence grants permission to use the work while the licensor retains ownership, whereas an assignment under Section 57 of the Copyright Ordinance 1962 transfers ownership entirely. Exclusive licences in Pakistan must be in writing and signed by the copyright owner to be enforceable. Non-exclusive licences may be oral, though written licences are strongly recommended for evidentiary purposes before the Intellectual Property Tribunal or in arbitration proceedings under the Arbitration Act 1940.

The Pakistan Phonographic Industry (PPI) and the Intellectual Property Rights Association of Pakistan (IPRAP) represent rights holders in collective licensing arrangements. Broadcasters — including Pakistan Television Corporation (PTV), Pakistan Broadcasting Corporation (PBC), and private FM radio stations licensed by the Pakistan Electronic Media Regulatory Authority (PEMRA) under the PEMRA Ordinance 2002 — must obtain music licences for any broadcast of copyrighted musical works. Digital streaming platforms operating in Pakistan are similarly required to hold valid licences under the Copyright Ordinance 1962.

A Music Licence Agreement in Pakistan is required whenever a person or entity wishes to use a copyrighted musical work owned by another party — whether for commercial, broadcast, digital, or live performance purposes.

A Music Licence Agreement is needed when a television channel licensed by PEMRA under the PEMRA Ordinance 2002 — such as ARY Digital, Geo Entertainment, HUM TV, or Express Entertainment — wishes to use a musical composition as a theme, background score, or jingle in its programmes. Without a valid licence from the copyright owner or their collecting society, the broadcast constitutes infringement under Section 60 of the Copyright Ordinance 1962, exposing the broadcaster to civil liability and criminal prosecution.

A Music Licence Agreement is required when a film production company — such as those producing Urdu-language films for the Pakistani cinema circuit or Pashto films for distribution in Khyber Pakhtunkhwa — wishes to synchronise a musical composition with a visual work. Synchronisation rights are distinct from performance rights and require a specific written licence. The Film Exhibitors Association of Pakistan and provincial censor boards expect producers to hold valid music licences before certification.

A Music Licence Agreement is needed when a digital platform — such as a music streaming application operating in Pakistan, a YouTube channel with commercial monetisation, or an online video content creator — wishes to include copyrighted Pakistani music in their content. Pakistan's digital content sector has expanded rapidly, and IPO-Pakistan has increased enforcement against unlicensed digital use of musical works.

A Music Licence Agreement is required when a corporate entity — a bank, telecom operator, or retailer — commissions the use of a musical work in an advertising campaign broadcast on television, radio, or digital media. Advertising agencies must secure synchronisation and performance licences from the copyright owner before the advertisement is aired. Failure to do so exposes the advertiser and agency to injunction proceedings before the Intellectual Property Tribunal.

A Music Licence Agreement is needed when an event organiser — a wedding planner, concert promoter, or corporate event manager — wishes to perform copyrighted musical works live at a public event. Public performance rights require a licence from the copyright holder or an authorised collecting society. Large-scale concerts featuring Pakistani artists such as Atif Aslam, Strings, or Ali Zafar, or featuring international artists performing in Pakistan, require formal licensing arrangements under the Copyright Ordinance 1962.

A valid Music Licence Agreement in Pakistan under the Copyright Ordinance 1962 must contain the following essential elements to be enforceable before the Intellectual Property Tribunal and to provide thorough protection to both licensor and licensee.

Identification of Parties and Works: The agreement must fully identify the licensor (copyright owner or authorised agent), the licensee, and the specific musical work(s) being licensed — including the title of the composition, the composer's name, the lyricist's name (if words are included), any International Standard Recording Code (ISRC) assigned by the Recording Industry Association of Pakistan or an international registry, and the year of first publication. Reference to the IPO-Pakistan copyright registration number (if registered) strengthens the agreement.

Scope of Licence: The agreement must specify whether the licence is exclusive or non-exclusive. An exclusive music licence in Pakistan must be in writing and signed by the copyright owner under the Copyright Ordinance 1962. The scope must define the permitted acts — performance, broadcast, reproduction, distribution, synchronisation, digital streaming, or any combination — and whether the licence covers the musical composition only, the sound recording, or both (as these carry separate copyrights under Section 13 of the Copyright Ordinance 1962).

Territory and Duration: The territorial scope must be stated — whether the licence covers Pakistan only, specific provinces such as Punjab, Sindh, Khyber Pakhtunkhwa, or Balochistan, or worldwide rights. The duration of the licence must be specified. Under the Copyright Ordinance 1962, copyright in a musical work subsists for the lifetime of the author plus fifty years; the licence term must fall within this period.

Royalty and Payment Terms: The agreement must specify the royalty rate (a percentage of revenue, a flat fee, or per-use payment), the payment schedule, the currency (Pakistani Rupees, PKR), and the mechanism for royalty accounting — whether via statements submitted quarterly, annually, or per project. Where the licensee is a broadcaster regulated by PEMRA, the royalty structure should reflect the standard rates negotiated with collecting societies.

Moral Rights Provisions: The Copyright Ordinance 1962 recognises moral rights of authors under Section 57-A, including the right to be identified as the author (right of attribution) and the right to object to derogatory treatment of the work. The Music Licence Agreement must specify whether the licensor waives any moral rights (to the extent permitted by law) or whether the licensee must include attribution in all uses of the musical work.

Sub-licensing: The agreement must state whether the licensee may grant sub-licences to third parties — for example, where a production company sub-licenses the use of a music track to a distributor. Sub-licensing without express written consent of the copyright owner constitutes infringement under the Copyright Ordinance 1962.

Termination and Breach: The agreement must specify the grounds for termination — including non-payment of royalties, breach of scope restrictions, insolvency of the licensee, or challenge to the licensor's copyright ownership. Upon termination, the licensee must cease all use of the musical work and destroy or return infringing materials under Section 60 of the Copyright Ordinance 1962.

Dispute Resolution: The agreement should specify that disputes are subject to the exclusive jurisdiction of the Intellectual Property Tribunal constituted under Section 27-A of the Copyright Ordinance 1962, with arbitration under the Arbitration Act 1940 as an alternative dispute resolution mechanism. Governing law must be stated as the law of Pakistan.

Stamp Duty: The Music Licence Agreement must be executed on stamp paper of the correct denomination under the Stamp Act 1899 to be admissible in evidence before Pakistani courts and the Intellectual Property Tribunal.

Forms-legal.com provides this Music Licence Agreement (Pakistan) template as a practical resource for copyright owners, music producers, broadcasters, and digital content creators operating under the Copyright Ordinance 1962. Rights holders with valuable catalogues should consult an advocate enrolled at a provincial Bar Council specialising in intellectual property law — Lahore High Court Bar, Sindh High Court Bar, or Islamabad Bar — for advice on collective licensing arrangements and PEMRA compliance.