Music binds, captivates, enthrals and enlivens the moment and celebratory spirit of any festive occasion. In the Indian milieu, any social gathering, be it a religious function, a political rally, or an Indian wedding, music, especially film music, plays a sheet anchor role in adding to the gaiety.

An Indian wedding over the years has moved on from the sombre settings of religious rituals to more exuberant functions such as haldi, sangeet etc, with relatives and friends joining in. Modern-day weddings including the high-profile destination and theme weddings are curated by professional event managers or wedding planners. Film music, and songs have always been a part and parcel of these occasions, then and now. It is a practice to share images and video recordings of these functions with creative content creators, and editors who add film songs of their choice that aptly blend in with the on-screen image, with nary a thought of infringing copyright.

Many copyright owners and authors have voiced their concern against use of their content. In their opinion, such use that leads to service providers, like DJs, wedding planners and event managers making commercial gain, is blatant infringement of rights over their creation.

To put things in perspective, one has to acknowledge and accept the fact that authors of musical creations have every right to protect their rights over their original creations. The pressing need to formulate guidelines on the reproduction, adaptation or translation of such intellectual property of creative work under the doctrine of fair use without undermining copyright norms had been acknowledged and recognised long back. This has led to serious legal review, introspection and enactment of instruments.

Intellectual property rights globally are guided by the Berne Convention for the Protection of Literary and Artistic Works, 1886, the TRIPS Agreement, the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty.[1] It is imperative to note that all these legal documents provide leeway for the member states to adapt, adopt and finetune exceptions and limitations to factor in local social, economic, cultural and legal requirements.[2] In the Indian context, fair use provision is covered under Section 52(1) of the Copyright Act 1957,. It is pertinent to note sub-section (za) of the aforesaid section, which expressly stipulates as follows:[3]

(za) the performance of a literary, dramatic or musical work or the communication to the public of such work or of a sound recording in the course of any bona fide religious ceremony or an official ceremony held by the Central Government or the State Government or any local authority.

 Explanation. —For the purpose of this clause, religious ceremony including a marriage procession and other social festivities associated with a marriage.

Despite the provision under Section 52(1) (za) in the Indian Copyright Act of 1957, which exempts weddings and associated functions from copyright infringement actions, confusion prevails.  This is primarily on account of legal developments and court orders, especially concerning pre- and post-wedding functions like Sangeet and Mehndi.[4] Over the past four years, several public notices and circulars on this matter have been issued. These have been detailed below in chronological order:[5]

  • In 2019, the Copyright Office issued a public notice stating that using sound recordings during bonafide religious ceremonies, including wedding processions, does not constitute copyright infringement. However, this notice was quashed by the Punjab & Haryana High Court in Novex Communications Private Limited v. Union of India and Ors., due to concerns about potential misuse for commercial purposes. The court emphasized that executive interpretations cannot override the Copyright Act or the individual’s right to pursue legal action against infringement.
  • In 2022, the Jaipur Police Commissionerate, issued a circular which stated that no music license was required for any kind of wedding functions including Sangeeth and regional events. This was subsequently stayed by the Rajasthan High Court in Phonographic Performance Limited v. State of Rajasthan. The court declared that the circular could not allow commercial use without licenses, underscoring the necessity for stricter scrutiny in granting such broad exemptions.
  • The DPIIT’s public notification dated 24th July 2023, issued by the Ministry of Commerce and Industry, clarified that playing music at wedding functions does not constitute copyright infringement under Section 52(1) (za) of the Copyright Act, 1957. This notification also cautioned the General Public to not accede to any uncalled demand from any individual/ organisation/ copyright society in violation of Section 52(1) (za).

While on the subject, in the matter of Canvas Communication vs Phonographic Performance Limited (PPL)[6],  the plaintiff had relied on DPIIT’s 2023 notification to press for an N.O.C.  In an I.A. filed in this case,  a decree of declaration was sought, that the utilization of the defendant’s sound recordings by the plaintiff, as part of wedding-related events, does not constitute an infringement of the defendant’s copyright. The Plaintiff, an event management company wanted an NOC from the defendant for a wedding event in February 2024 comprising a pre-wedding sangeet, the marriage solemnization ceremony, and a post-wedding cocktail party, at separate venues in Delhi, However, the defendant refused them an NOC.

The defendant’s counsel argued that the exemption under Section 52(1) (za) of the Copyright Act, 1957, applies only to the bona fide religious ceremony i.e. solemnization of the marriage alone and not to other wedding-related events. The Senior Counsel further contended that the exemption does not extend to marriage ceremonies held at commercial premises or to event planners under the said provision.

Counsel for the plaintiff, relying on the DPIIT notification, submitted that besides the wedding itself, the pre- and post-wedding events would also be covered under the said notification.

After hearing the parties, the Delhi High Court asked the plaintiff to pay a deposit of One Lakh Rupees for playing the music-sound recordings of the defendant at the sangeet and cocktail party. While passing the order, the Court stated that its order was just a pro tem measure, which would have no bearing on the merits of the case.[7]

  • Earlier this year, in January, the State of Goa issued a circular following the DPIIT notification from July 2023. It stated that (i) no permission or NOC is needed for using sound recordings at religious ceremonies, including weddings; (ii) requiring permission from copyright societies violates section 52(1) (za); and (iii) action should be taken against copyright societies or hotels demanding royalties for such use. PPL challenged this circular in court, claiming the Government exceeded its authority by interpreting the law and broadening the scope of Section 52(1) (za). The Bombay High Court ruled in favor of PPL, declaring the circular as ultra vires and infringing copyright holders’ statutory rights.[8]
  • The most recent DPIIT ‘s 2024 notification places the 2023 public notice in abeyance, pending the outcome of the appeal against the order issued in the Novex case by the Punjab and Haryana High Court. Accordingly, the 2023 notice will either be upheld or revoked based on the decision in the pending appeal.[9]

In this context, key question is whether the provisions of Section 52(1) (za), as regards the interpretation of the character of “bonafide religious ceremony” stand the test of time. This is especially pertinent given the highly commercialised nature of contemporary theme weddings or destination weddings, which prioritize spectacle over solemnity. Such events often take away the ‘religious’ character of the wedding function which are overshadowed by commercial interests.

Suffice to say that until the courts come out with a firm interpretation and ruling, all those who shake a leg to filmy songs at wedding functions are skating on thin ice. Event managers can push their luck and continue to test the limits, while copyright societies are left grinding their teeth.

-Adv. Malavika K

The content on this blog is for informational purposes only and does not constitute legal advice.    Images generated by AI

[1] Phonographic Performance Limited vs. Lookpart Exhibitions and events private limited, Submissions on behalf of Dr Arul George Scaria, the expert appointed under R.31 of the Delhi High Court Intellectual Property Division Rules, 2021, pg. 4-5.

[2] Ibid

[3] Anushree Rauta, Indian Wedding Ceremonies Copyright Infringement Case: Ppl Withdraws Suit In View Of Amicable Settlement; Court Appointed Expert Dr. Arul George Scaria’s Report Taken On Record,https://iprmentlaw.com/2022/10/16/indian-wedding-ceremonies-copyright-infringement-case-ppl-withdraws-suit-in-view-of-amicable-settlement-court-appointed-expert-dr-arul-george-scarias-report-taken-on-record/

[4] Devesh Agarwal, Understanding Copyright Exemptions for Wedding Functions in India: A Legal Perspective, https://taxguru.in/corporate-law/copyright-exemptions-wedding-functions-india-legal-perspective.html

[5] Ibid

[6] CS(COMM) 77/2024, I.A. 1979/2024 (under Order XXXIX Rule 1 and 2 CPC),https://indiankanoon.org/doc/195680508/

[7] Ibid

[8] Gaurangu Kapoor,Goa Circular on the Unauthorized Use of Sound Recordings During Weddings Hits a Wrong Note!, https://spicyip.com/2024/08/goa-circular-on-the-unauthorized-use-of-sound-recordings-during-weddings-hits-a-wrong-note.html

[9] Lokesh Vyas, DPIIT Hits Pause on Public Notice concerning Music Playing at Weddings Amid Novex Case Appeal, https://spicyip.com/2024/11/spicyip-tidbit-dpiit-hits-pause-on-public-notice-concerning-music-playing-at-weddings-amid-novex-case-appeal.html?

The content on this blog is for informational purposes only and does not constitute legal advice.