Representations have been received from various stakeholders seeking clarification as to whether a license is required to be obtained for the purpose of utilization of sound recordings in the course of any marriage related function. The representations have been examined.
2. Section 52 of the Copyright Act, 1957 enlists certain acts which do not constitute an infringement of Copyright. Specifically, Sub-section (1) (za) of the aforementioned section, states that: “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 bona fide religious ceremony or an official ceremony held by the Central Government or the State Government or any local authority. Explanation-For the purpose of this clause, religious ceremony including a marriage procession and other social festivities associated with a marriage.”
“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 bona fide religious ceremony or an official ceremony held by the Central Government or the State Government or any local authority.
Explanation-For the purpose of this clause, religious ceremony including a marriage procession and other social festivities associated with a marriage.”
3. In view of the provision contained in Section 52(1) (za) of the Act, read with the explanation thereto, it is evident that the utilization of any sound recording in the course of religious ceremony including a marriage procession and other social festivities associated with a marriage does not amount to infringement of copyrights and hence no license is required to be obtained for the said purpose.
Ministry of Commerce & Industry
No. 10-26/2019-CO
[Public Notice dt. 27-08-2019]