Refrain From Collecting Royalties For Playing Music In Marriage Ceremonies: Ministry Directs Copyright Societies
The Department of Promotion of Industry and Internal Trade (DPIIT) in the Ministry of Commerce & Industry has released a public notice in the context of several complaints received about the alleged collection of royalties by the Copyright Societies for playing musical works, sound recording etc. in marriage functions.
The public notice cautions the public not to accede to any such demands from any individual, organization or copyright society.
The notice states that such collection of royalties is violative of Section 52 (1)(za) of the Copyright Act 1957. The explanation to the said provision expressly exempts religious ceremonies including marriage processions and other marriage-related social activities from the preview of copyright infringement.
The public notice, dated July 24 2023, reads, "It is well known that Section 52 of Copyright Act 1957 enumerates certain acts which shall not constitute an infringement of Copyright. Section 52 (1) (za) specifically mentions 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 bonafide religious ceremony or an official ceremony held by the Central Government or the State Government or any local authority, as not constituting infringement of Copyright. Religious Ceremony (for the purpose of the aforementioned clause) includes a marriage procession and other social festivities associated with marriage".
Section 52 Subsection (1) Clause (za) of the Act reads as follows:
"Certain acts not to be infringement of copyright- (1) The following acts shall not constitute an infringement of copyright, namely- (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"
The DPIIT has stated that such copyright societies must strictly refrain from actions which are in contravention of Section 52 (1) (za) of the Act to avoid any legal actions. The public notice reads, "In view of above, Copyright Societies are directed to strictly refrain from entering into acts which are in contravention to Section 52 (1) (za) of Copyright Act 1957, in order to avoid any legal action. Also, the General Public is hereby cautioned to not to accede to any uncalled demands from any individual/organization/copyright society which are in violation of Section 52 (1) (za) of Copyright Act 1957".
