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

Dear Members,

1.  The Federation is in receipt of various complaints and queries from its members relating to the issue of exemption from obtaining music licenses for a marriage and other social festivities associated with a marriage under the Copyright Act.

2.   Our members have informed us that:

a)   Certain bodies though not being Copyright Societies are claiming to be licensees under Section 30 of the Copyright Act have been demanding license fees even with respect to music played, at marriage and other festivities associated with marriage.

b)   The representatives of the said societies barge into such events and without any authority, make recording in the functions and cause ruckus during the events, causing embarrassment to the guests and inconvenience to the Hotels. This also leads to the Hotels getting a bad name apart from disrupting the joyful event for the families.

c)   These bodies and societies have even issue notices through their lawyers to the owners of the Hotel and/or even to the independent Directors of the Hotel, threatening to take legal actions and initiate criminal prosecution, basis false claims of infringements.

d)   In a large number of cases, Hotels often have quarrels, confusion and misunderstanding with their guest, on account of demand for payment for licenses for marriage and other festivities associated with marriage. Moreover, the license fee quoted by said societies is also exorbitantly high (in range of 1.5 lacs to 5 lacs per event). The fees is also not a standard fee, but depends on the whims and fancies of these societies.

3.    In light of the above, it is clear that certain societies in clear violation of law, demand license fee from hotel members for playing music in a marriage procession and other social festivities associated with a marriage.

4.   In this connection, the Federation would once again like to clarify that there is no requirement to obtain a license from any copyright society or any other agency for playing music in any bonafide 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. 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;]

5. Accordingly, members should inform their guest regarding the relevant provisions and to comply with provisions of law. The guests should pay copyright fees and get a license where required and not pay where not required.

6. On the other hand, certain other Societies have confirmed in writing to the Federation that marriage and associated ceremonies are exempt.

7. In this light, for the benefit of the members we are in discussion with various societies to clarify their stand on whether they  agree that marriages and associated ceremonies are exempt or not.

8. By a separate circular we will inform the members as to which of the societies are agreeable to comply with the law and not  charge license fees for music played in marriages and other social festivities associated with a marriage. We will also circulate  the list of music which is being licensed by such societies. At present IPRS and RMPL have confirmed that no license is required and no license fees will be charged for the above-mentioned events.

9. Since many such societies continue to violate the settled principles of law, it would be most prudent for members to advise  their guests to utilize th e music of only societies which clarify their stand that they will not charge license fees for marriages  and other social festivities associated with a marriage and other events which are exempted from payment of license fees.

10. The guests should also ensure such compliance including by informing their event managers or DJs as appropriate.

11. The above measures will ensure that Hotels are protected from provocative and intimidatory strong arm action from any such  society as well as ensure compliance of law.

12. If, however, such problems continues or such bodies illegally enter their premises, criminal or civil proceedings may have to  be initiated.

With best regards,

Jaison Chacko
Secretary General