The Managing Directors/CEO’s/Directors/Partners/General Managers
All FHRAI Members
CC: All Members of the Executive Committee
All Regional Associations
President FHRAI
Subject:- Copyright License for Marriage and Other Social Festivities Associated with a Marriage – Clarification on Misinformation Campaign
Dear Member(s),
The Federation is in receipt of various complaints and queries relating to the exemption from obtaining music licenses for a marriage and other social festivities associated with a marriage, from its members.
Members have also informed us that some copyright agencies have informed hotels directly or through their agents and are also publishing newspaper reports claiming that exemption available for marriages and other social festivities associated with a marriage as per law is no longer applicable. It is further informed to FHRAI that the said agencies are citing Hon’ble Goa High Court Order dated 13.08.2024 challenging the Police Circular dated 30.01.2024 and the DPIIT Public Notice dated 07.11.2024, to misinterpret that for marriages and other social festivities associated with a marriage obtaining music licenses is required under law.
In this connection, the Federation has to clarify as the following:
The exemption available from obtaining NOC or payment of any royalty for a marriage and other social festivities associated with a marriage is under the provision and authority of Law. Section-52(1)(za) of the Copyright Act, 1957 grants this exemption. The said section is reproduced herein below:
52. 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;]
From the above section of the Copyright Act, it is very clear that a marriage and other social festivities associated with a marriage are exempted from requiring/obtaining of a copyright license. Thus, it is understood that no license is required to be obtained for wedding events namely marriage procession and other social festivities associated with a marriage.
We have checked and have found that no court in India has struck down the aforesaid Section-52(1)(za) of the Copyright Act, 1957. The provision continues to apply.
The Hon’ble Goa High Court Order dated 13.08.2024 is in relation to challenging the Police Circular dated 30.01.2024. The said circular was quashed by the Hon’ble High Court of Goa for various reasons. However, the said order does not strike down the Section 52(1)(za) of the Copyright Act, 1957. The said order of Hon’ble Goa High Court does not in any manner deal with the effect, interpretation and consequences of the aforesaid provision of law i.e., Section -52(1)(za) of the Copyright Act, 1957. Thus, it is very clear that the misinformation regarding the aforesaid Goa High Court Order dated 13.08.2024 should not be entertained at all. Further, the said order does not negate the existence of authority under law for members of public from payment of royalty or obtaining license for marriages and other social festivities associated with a marriage
The DPIIT vide its Public Notice dated 24.07.2023 informed the members of public that there was a provision of law namely section-52(1)(za) of the Copyright Act, 1957 under which there was an exemption from obtaining any license for a marriage and other social festivities associated with a marriage. The said public notice dated 24.07.2023 merely made an announcement for the information of the members of public that there was an exemption available from payment of any royalty or obtaining any license for a marriage procession and other social festivities associated with a marriage. The DPIIT vide another public notice dated 07.11.2024 has kept the aforesaid notice under abeyance. The Public Notice in any event was an explanatory note and did not lay down the law.
Please note that the Government of India has not withdrawn or cancelled its earlier public notice, nor does the fresh public notice dated 07.11.2024 talks about any requirement of obtaining licenses for a marriage and other social festivities associated with a marriage.
Therefore, it is very clear that the latest notice of DPIIT which is being misused to interpret that hotels or members of public are required to obtain any license for a marriage and other social festivities associated with a marriage is not true.
Under these circumstances, please note that the provision law i.e., section-52(1)(za) of Copyright Act, 1957 is still intact and the exemption available to the members of public and or our guests is still valid and subsisting.
Hence, the hotel and restaurant members are hereby informed that it is the duty of the members to inform their respective guests about the availability of exemption for marriage and other social festivities associated with a marriage and extend their guests the facility of holding their wedding and related events without any license after obtaining necessary proofs and undertaking for the said functions.
If any copyright society or any agency seeks payment of amount for obtaining license for any such marriage procession and other social festivities associated with a marriage then the same would not be legal and would be in violation of Section 52(1)(za). Do write to us at legal@fhrai.com, in case such demands are made so that we can take up the matter appropriately in Court. Hotels may also inform the guest to avoid the music of any such society which is harassing the Hotel as a precautionary measure.
With best regards,
Jaison Chacko
Secretary General