Does playing songs at weddings attract royalties, and as such is it an infringement of copyrights, and are people or industries such as event-planners or hotels supposed to pay royalties for songs played at weddings?

In a public notice dated July 24, 2023 the Department for Promotion Industry and Internal Trade (DPIIT) has clarified that upon receiving a lot of complaints and objections from the general public and other stakeholders regarding purported royalties collected by Copyright Societies for performance of musical composition in marriage functions. The notice clarified that section 52(1)(za) of the Copyright Act, 1957 explicitly dictates that any performance of literary, dramatic, or musical work or of a sound recording during any bonafide religious or wedding ceremony would not constitute as an infringement of copyrights.

Understanding the Background

Under the Copyright Act of 1957, a public performance license is required for playing music in any manner- be it live performances or playing recorded soundtracks in any public place or commercial institution. The government receives a royalty share in exchange for issuing the license, which goes to the music composers and publishers. Playing music in public without a permission is a crime punishable by a fine of up to ? 2 lakh or three years imprisonment, or both, under Section 51 of the Copyright Act, 1957.

By entrusting it/them to operate in his/her advantage and sharing the reward, the copyright owner/author assigns some of his economic rights to the copyright societies.

Simply put, copyright and performing societies are a collection of individuals/owners who are fully entitled to the highest price for enjoyment of the fruits of their labour or intelligence. A copyright society has the power to:

• Issue licenses regarding the copyright works administered by them.
• Collect fees and charges in pursuance of such licenses.
• Distribute such monies earned amongst copyright owners (after deduction of appropriate charges and expenses),

Misuse of the rights?

The Copyright Societies are well known to charge exorbitant prices for any use of any copyrighted material, mainly because of the general lack of understanding and clarity on the prevalent copyright laws and regulations. The Copyright Societies who apart from the annual fees and licensing charges, also apply various other charges for the use of copyright materials, and as such promptly issue legal notices demanding either payment or seizure of using such material.

Apart from the requirement of needing a license when there is a performance for commercial gain, there are exceptions present under the Copyright Act, 1957, more particularly under section 52 where under certain circumstances (such as weddings) use of such copyright materials is exempted.

The DPIIT issued the said notice on the backdrop of this general lack of awareness and also dictated that Copyright Societies must not engage in such acts which are in contravention of the section 52(1)(za). They also cautioned the general public that it should not accede to and unjust demands by any individual or organization or copyright group which are in violation of the Act.