Mumbai, Nov 2024: The Hotel And Restaurant Association (Western India) – HRAWI has clarified the legal stance regarding obtaining music licence for a marriage and other social festivities associated with a marriage at hospitality establishments. The clarification comes in response to recent confusion caused by certain private agencies claiming that music licenses are now mandatory for such events. HRAWI has re-confirmed that there is no change in Indian law and a marriage procession and other festivities associated are exempt from music licensing requirements. There will be no infringement of playing music at such events. It stated that any private agency seeking payment for licenses for a marriage and related celebrations would be acting contrary to the provision of Section 52(1)(za) of the Copyright Act.

“We have received reports of private agencies misleading hotels and guests regarding the need for music licenses at marriages and related/associated festivities. Some agencies are also publishing misleading reports suggesting the exemption for a marriage is no longer valid. These agencies are citing the Hon’ble Goa High Court Order dated 13.08.2024 and the DPIIT Public Notice dated 07.11.2024, misinterpreting it as a legal requirement to obtain music licenses. HRAWI has verified that Section 52(1)(za) of the Copyright Act, 1957, which exempts marriage-related festivities from licensing requirements, remains intact and enforceable,” says Mr Pradeep Shetty, Spokesperson & Hon’ Secretary, HRAWI.

The DPIIT, in a Public Notice dated 24.07.2023, had informed the public that marriages and related social festivities were exempted from requiring music licenses as per Section 52(1)(za) of the Copyright Act, 1957. In a subsequent notice dated 07.11.2024, the DPIIT placed the previous notice under abeyance. However, HRAWI has clarified that the Public Notice in any event was an explanatory note and did not establish new legal requirements.

“Additionally, even the Hon’ble Goa High Court Order does not address the interpretation or implications of the law related to music licensing for a marriage and related social events. Consequently, any claims suggesting that the Order nullifies the exemption under Section 52(1)(za) are incorrect. The law remains clear, a marriage and associated social festivities are not subject to royalty payments or licensing requirements for music,” says Mr. Nirav Gandhi, Senior Vice President, HRAWI.

The Association has emphasized that the Government of India has neither revoked nor amended its earlier public notice regarding music licensing for marriages. Furthermore, the DPIIT public notice dated 07.11.2024 does not suggest any new requirement for licensing in connection with marriage-related events. Section 52(1)(za) of the Copyright Act, 1957 remains valid, preserving the existing exemption for the public and guests regarding the use of music during marriage ceremonies and associated social festivities.

With the wedding season underway, HRAWI has issued a circular to its members to ensure that the public is not misled by false claims from private agencies seeking fees unlawfully. The Association has urged vigilance to prevent harassment and to protect the public from unnecessary payments.

“It is evident that the recent DPIIT notice is being misinterpreted to suggest that hospitality establishments or the public must obtain licenses for music at marriages and related events, which is simply untrue. We have advised members to reassure their guests about the legal exemption for music licensing in these festivities and to facilitate their events license-free. Any demand for licensing fees by private agencies for such events is not lawful and breaches Section 52(1)(za). We urge members to contact us if such demands arise so we can address the matter in Court,” concludes Mr Shetty.