Playing Of Songs In Marriages Does Not Constitute Infringement Of Copyright Law

Jahanvi Agarwal

The government emphasized on Monday, i.e., July 24, 2023, that playing music at weddings does not violate copyright laws and that no one is allowed to charge a royalty for doing so.

The Department for Promotion, Industry, and Internal Trade (DPIIT) reported in a public notice that it has received a number of complaints and grievances from the public and other stakeholders regarding allegations that the Copyright Societies have been collecting royalties for the playing of musical works at wedding ceremonies and receptions in violation of the letter and spirit of Section 52 (1) (za) of the Copyright Act 1957.

Certain acts that do not violate copyright are covered by Section 52 of the Copyright Act 1957. The performance of a literary, dramatic, or musical work or of a sound recording at any genuine religious service or an official ceremony is particularly mentioned in Section 52 (1) (za) of the Copyright Act 1957 as not constituting a violation of copyright.

It said that a religious service comprises a wedding procession as well as other wedding-related social events.

The DPIIT stated that:

“Copyright Societies are directed to strictly refrain from entering into acts which are in contravention to Section 52 (1) (za) ” of the act “in order to avoid any legal action,”

The general public was also advised not to give in to any uncalled demands from any person, group, or copyright society that violated this clause.