Playing of songs in marriages does not constitute infringement of copyright law, clarifies government

New Delhi, July 24

Playing of songs in marriages does not constitute an infringement of copyright law and no one can charge a royalty for such activities, the government clarified on Monday.

In a public notice, the Department for Promotion Industry and Internal Trade (DPIIT) said that it has received several complaints, and grievances from the general public and other stakeholders about alleged collection of royalties by the Copyright Societies for performance of musical work in marriage functions in contravention to letter and spirit of section 52 (1) (za) of Copyright Act 1957.

Section 52 of the act deals with certain acts which would not constitute an infringement of Copyright.

It said that Section 52 (1) (za) specifically mentions the performance of literary, dramatic, or musical work or of a sound recording in the course of any bonafide religious ceremony or an official ceremony as not constituting infringement of copyright.

Religious ceremony includes a marriage procession and other social festivities associated with marriage, it said.

In view of this “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 DPIIT said.

It also cautioned the general public to not to accede to any uncalled demands from any individual or organisation or copyright society which are in violation of this section.