.jpg)
August 01, 2023
Does playing songs at weddings attract royalties, and as such is it an infringement of copyrights? Are people or industries such as event planners or hotels required to pay royalties for songs played at weddings?
In a public notice dated July 24, 2023, the Department for Promotion of Industry and Internal Trade (DPIIT) clarified that, following numerous complaints and objections from the public and other stakeholders regarding royalties collected by Copyright Societies for musical compositions at wedding functions, Section 52(1)(za) of the Copyright Act, 1957 explicitly states that any performance of literary, dramatic, or musical work, or of a sound recording during any bona fide religious or wedding ceremony, does not constitute copyright infringement.
Under the Copyright Act of 1957, a public performance license is required to play music, whether through live performances or recorded soundtracks, in any public place or commercial institution. The government receives a share of the royalties in exchange for issuing these licenses, which are then distributed to music composers and publishers. Playing music in public without permission is considered a crime and can result in fines up to INR 2 lakh or three years of imprisonment, or both, under Section 51 of the Copyright Act, 1957.
Copyright and performing societies are responsible for issuing licenses, collecting fees, and distributing the earnings among copyright owners, after deducting appropriate charges and expenses. These societies are entitled to the highest remuneration for the use of their works.
Copyright societies are known to charge high prices for the use of copyrighted material, partly due to the general lack of understanding of copyright laws. These societies often impose various charges and issue legal notices demanding payment or seizure of copyrighted material, which has led to significant confusion and frustration.
However, there are exceptions under the Copyright Act, 1957, particularly under Section 52, which provide exemptions for certain uses of copyrighted material, such as during weddings. This means that the use of copyrighted music in these contexts is exempt from the need for a license and does not constitute copyright infringement.
The DPIIT's notice was issued to address the widespread confusion and to ensure that copyright societies do not act contrary to Section 52(1)(za) of the Act. The notice cautions the public against complying with unjust demands from individuals or organizations that contravene this legal provision.
