Is license required to play music at Weddings or Religious Ceremony?
PUBLIC NOTICE : No. P-24029/56/2023-IPR-VII dated 24th July 2023
Department of Promotion of Industry and Internal Trade (DPIIT) has received several complaints, representations, grievances from the general public as well as other stakeholders about alleged collection of royalties by the Copyright Societies for performance of musical work, communication to the public of sound recording etc. in marriage functions in contravention to letter and spirit of Section 52 (1) (za) of Copyright Act 1957.
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.
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.
There are several organizations that collect royalties for playing music in India. The most prominent ones are:
Indian Performing Right Society Limited (IPRS): IPRS is a non-profit organization that collects royalties on behalf of composers, lyricists, and publishers of music. It is the largest PRO in India, and it collects royalties from a wide range of sources, including radio, television, bars and restaurants, and live concerts.
Phonographic Performance Limited (PPL): PPL is a PRO that collects royalties on behalf of record labels and music producers. It collects royalties from businesses that play sound recordings, such as streaming services, retail stores, and hotels.
Indian Singer Rights Association (ISRA): ISRA is a PRO that collects royalties on behalf of singers. It collects royalties from businesses that use singers’ performances, such as live concerts and corporate events.
These organizations collect royalties from businesses that use music, and then distribute them to the songwriters, publishers, and singers who own the copyrights to the music. The amount of royalty that is paid will depend on a number of factors, such as the type of business, the amount of music that is played, and the duration of the performance.
#Playing music at a religious ceremony is a fair use of copyrighted material.