Singing or playing copyrighted music at weddings and similar social or religious gatherings is now exempted from the Copyright Act, 1957, as per a recent circular issued by the Central government. The circular cited Section 52(1)(za) of the law, which states that performances during religious or official ceremonies do not require authorization from the copyright owner, and hence, no royalty demands can be made based on such performances.
Specifically, the exemption applies to the performance of literary, dramatic, or musical works, as well as sound recordings during bona fide religious or official ceremonies. Since weddings fall under the definition of religious functions, the copyright law does not apply to music performances at these events. However, it’s essential to note that using copyrighted songs in wedding videos could potentially lead to legal issues, as it might be subject to copyright restrictions.
This clarification by the Union Ministry of Commerce has put an end to longstanding legal battles and disputes surrounding the use of songs during wedding ceremonies. Earlier, the Phonographic Performance Limited (PPL), a copyright society, had raised concerns and approached the Delhi High Court with a petition against the use of songs without prior permission. However, a detailed report submitted by Dr. Arun George Scaria, an Associate Professor at the National Law School of India University, Bengaluru, confirmed that singing songs or playing back records at wedding ceremonies does not violate copyright law. Still, he cautioned that the use of such songs in wedding videos could potentially pose legal problems under the Copyright Act.
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