Punjab and Haryana High Court’s Big Order on Fair Use of Music in Marriage Ceremonies
by EVENTFAQS Bureau Industry Watch | May 26, 2022 | News
Punjab and Haryana High Court Wedding Indian Wedding Planners
The Punjab and Haryana High Court in a landmark judgment has quashed the public notice of the Registrar of Copyright issued on August 27, 2019. The use of any kind of recording of music during weddings and religious ceremonies in hotels and large palaces will now be a copyright infringement.
If the operator does not obtain a license from the music company, it will be considered a violation of the Copyright Act. The Copyright Registrar stated that the use of any audio recording at weddings, processions, social functions, religious ceremonies is not a copyright infringement and does not require a license.
The Punjab and Haryana High Court heard the petition of Novex Communications. The High Court in its order has made it clear that in order to use sound recordings in any program, it is necessary to obtain a license from the music company concerned. The order was passed by Justice Raj Mohan Singh.
Petitioner has the rights of these companies the petitioner company has the rights of several music companies. The company owns well-known companies such as Zee Entertainment, Eros International Media, Tips Industries, Red Ribbon Entertainment, SPI Music and Third Culture Entertainment. If any of these company recordings are used in public places or in live events including pubs, hotels, restaurants as well as live events and parties, it is necessary to obtain a license from the company.
During the hearing, Harinder Deep Singh Bains told the High Court that the Copyright Registrar, Government of India had issued a public notice on August 27, 2019. The notice states that the use of music recordings in religious ceremonies, weddings and social celebrations is not tantamount to copyright infringement and does not require a license. Bains told the court that marriages take place in big hotels and marriage palaces. Hotel and palace managers charge millions for concerts, but they use sound recordings in the name of marriage and do not obtain a license from the company. That is why the company is facing huge financial losses. Bains told the court that the copyright registrar did not have such statutory authority and that it was against the company's interests.
The Punjab and Haryana High Court heard all the parties and said that the order of the Copyright Registrar was not correct. The notice dated August 27, 2019 was canceled. While Delhi High Court appoints an expert to assist in fair use of sound recordings in marriage ceremonies of the Copyright Act.
The High Court in its order has made it clear that in order to use sound recordings in any program, it is necessary to obtain a license from the music company concerned.