ACPOSL Clarifies Music Copyright Licensing System Amid Public Concerns

The Association of Creators and Publishers of Sri Lanka (ACPOSL) has announced the temporary suspension of its licensing fee collection for music played at private events, particularly weddings and private functions.

Speaking at a media briefing on intellectual property rights relating to musical works, ACPOSL officials stressed that the payments are not a government tax and are not being collected by the government.

ACPOSL Chairman Nilar N. Cassim said the introduction of the royalty collection mechanism was not intended to place an additional burden on the public. He said ACPOSL operates as a collective management organisation under the framework overseen by the National Intellectual Property Office, while also working within international copyright standards.

He said misconceptions had spread regarding the application of the licensing system to parties and functions held at hotels and other venues.

System Introduced to Protect Creators' Rights

ACPOSL Chief Executive Officer Ranga Dasanayake said the organisation had undergone a number of changes over the years and had held discussions with ministers and Parliament regarding the establishment of an effective licensing system.

He said the organisation had also received support from the World Intellectual Property Organization (WIPO) and that the younger generation of music professionals had subsequently helped bring greater attention to the issue.

According to Dasanayake, the system is intended to ensure that composers, lyricists and other creators receive remuneration when their works are used commercially.

He said Sri Lanka needed a properly functioning mechanism for the music industry, including a system through which Sri Lankan creators could receive payments when their works are used overseas.

Dasanayake said a tariff system had been introduced through a Gazette notification and argued that creators have the right to determine how their works are commercially used and to receive payment for that use.

He rejected claims that the system represented a tax imposed by the government, describing it instead as a mechanism intended to protect the rights of creators.

Private Wedding and Function Fees Under Review

Dasanayake said the biggest concern raised publicly had been the system for collecting fees from weddings and private functions.

He said the matter would be considered at the organisation's general meeting scheduled for November, as the Board of Directors alone could not make the final decision on whether fees should continue to be collected from private functions.

Until that decision is made, ACPOSL has decided to temporarily suspend the licensing system for private events. He said payments already made in relation to several weddings would be refunded.

ACPOSL has also said that it is reviewing aspects of its recently introduced Public Performance Licensing system following discussions with representatives of the event-management and DJ industries.

The current copyright framework covers the public use of musical works represented by ACPOSL. NIPO identifies ACPOSL as a registered collective management organisation representing composers, lyricists and music publishers, and says it licenses public use of music, collects royalties and distributes them to rights holders.

Commercial Use Still Subject to Licensing

Dasanayake said licensing would continue to apply to commercial use of musical works, including music played in places such as supermarkets and shopping malls.

He said businesses using music commercially should obtain the relevant licence and make the applicable payments.

He also said the organisation had temporarily suspended collection from DJs while the system was being reviewed.

According to ACPOSL's stated position, private gatherings held at homes are not the target of the licensing system, while commercial use of musical works remains subject to the applicable copyright framework.

Warning Against Unauthorised Use

Dasanayake urged artists and members of the public to understand intellectual property law before making statements about the use of songs.

He said some singers had posted on social media that anyone could use their songs, but argued that copyright ownership involves legal rights that cannot necessarily be waived simply through such public statements.

He said ACPOSL had issued warnings concerning unauthorised use of musical works and that legal action would be taken where necessary.

Dasanayake also said information concerning the distribution of collected royalties had been made available and that members of the public could refer to the organisation's website for details of how royalties are distributed.

Legal Framework

Attorney-at-Law Amith Liyanage said Sri Lanka's copyright framework operates within international obligations, including the Berne Convention.

He said permission may be required from the relevant creators or rights holders when protected musical works are reproduced or used, and that legal remedies, including injunctions, are available in cases of alleged infringement.

Liyanage said violations of the applicable law could result in legal penalties, including imprisonment and fines, depending on the offence and the provisions invoked.

He also said ACPOSL had been granted authority through the National Intellectual Property Office to regulate the relevant rights within the applicable legal framework.

Rohana Weerasinghe Calls for Greater Recognition of Creators

Veteran musician Rohana Weerasinghe said ACPOSL had travelled a considerable distance despite facing major challenges.

He said public discussion often focused heavily on singers, while comparatively less attention was given to the creators who write and compose the music.

The ACPOSL representatives invited singers and other music-industry professionals to engage in discussions with the organisation regarding the licensing and royalty system.

ACPOSL says its broader objective is to establish a system through which creators and publishers receive fair royalties for the public performance and use of their musical works.