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: - Corrigendum Notice: Further Clarifications on Copyright License for Marriage and Other Social Festivities Associated with a Marriage

Dear Member,

This is in furtherance to the circular of FHRAI dated 12th November, 2024 providing clarifications on the question of whether a Copyright License is required for marriage and other social festivities associated with a marriage.

FHRAI vide its circular had clarified that there is no requirement to obtain any license from any copyright society or any other agency for playing music in any religious ceremony including a marriage procession and other social festivities associated with a marriage, as the same is exempted under Section-52(1) (za) of the Copyright Act, 1957, which reads as under:

“52. Certain acts not to be infringement of copyright.— (1) The following acts shall not constitute an infringement of copyright, namely,—

(1)..

(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;]”

After the issuance of the said circular, Recorded Music Performance Limited (RMPL), a society registered under Section 33(3) of the Copyright Act, 1957, vide email dated 13.11.2024 has informed HRAWI that they fully adhere to the legal provisions of the Copyright Act, and uphold the exemption for marriages as stipulated in Section 52(1)(za). Accordingly, they do not issue licenses for marriages and other social festivities associated with a marriage.

Furthermore, The Indian Performing Right Society Limited (IPRS), has also acknowledged the said exemption. In this regard IPRS has categorically mentioned in their bills that they do not charge any Royalty or License Fees for Events/ Functions declared as a Marriage Procession or Social Festivities associated with marriage.  Thus, IPRS issues a Free of Cost (FOC) License for the same.

Accordingly, FHRAI is issuing the present corrigendum, in furtherance to the above-mentioned circular, to clarify that Copyright Societies are not demanding payment of amount for obtaining license for marriages and other social festivities associated with a marriage and only private agencies are making illegal demands therefor.

The hotel and restaurant members should 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 private 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 be in violation of Section 52(1)(za).

With best regards,

Jaison Chacko
Secretary General
_____________________________________________________
The Federation of Hotel & Restaurant Associations of India
Regd. Off.: B-82, 8th Floor, Himalaya House, 23 K.G. Marg, New Delhi - 110 001
Tel.: 011-40780780, Email: fhrai@fhrai.com, Website: www.fhrai.com