Copyright societies had been collecting royalties for music played at weddings. The Copyright Act contains an express exemption covering exactly that — and in July 2023 the government told them to stop.
The notice
The Copyright & Design Section of the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce & Industry, issued a Public Notice dated 24 July 2023 addressing the collection of royalties by copyright societies for musical performances and sound recordings during marriage functions.
The exemption
The concerns centre on Section 52 of the Copyright Act, 1957, which sets out acts that do not constitute infringement.
Section 52(1)(za) covers the performance and communication to the public of literary, dramatic or musical works, including sound recordings, during bona fide religious ceremonies or official ceremonies held by government authorities.
Crucially, for the purposes of that clause, a “religious ceremony” expressly includes marriage processions and other social festivities associated with a marriage.
So the statute does not merely leave room for the argument — it names the situation. Music at a wedding, and at the social functions surrounding it, falls within the exemption.
The direction
In light of the potential violations identified, DPIIT directed copyright societies to exercise utmost diligence in refraining from activities that may violate the Act.
The general public was separately cautioned to remain vigilant and not accede to unwarranted demands made by individuals, organisations or copyright societies in contravention of the Act.
Why this happened
The practical reality behind the notice is worth naming. A wedding venue, a banquet hall or a family organising a function is not well placed to assess a royalty demand from a body claiming statutory authority. The cost of paying is usually lower than the cost of resisting, which is precisely the dynamic that makes an unfounded demand effective.
DPIIT’s notice addresses that asymmetry directly by telling the public the demand is unfounded — which is more useful than leaving each family to discover the exemption for itself.
A caution on scope. The exemption is specific. It covers religious ceremonies including marriages and the social festivities associated with them. It does not exempt commercial events generally, and it does not follow that any function with a ceremonial element escapes licensing. A venue hosting a commercial event requires a licence in the ordinary way, and where a copyright society demands royalties for that, the exemption offers no answer.
Note also that this is an executive notice, not legislation or a judgment. Its force comes from the statutory provision it points to — Section 52(1)(za) — rather than from the notice itself. That is the right way round, and distinguishes it from executive clarifications that have sought to extend statutory provisions and been rejected by courts for doing so.
The takeaways
- Section 52(1)(za) exempts music at religious ceremonies from infringement.
- Marriage processions and associated festivities are expressly included.
- Copyright societies were directed to stop collecting royalties for them.
- The exemption is specific — commercial events still require licensing.
Frequently asked questions
Do I need a licence to play music at a wedding in India? No — Section 52(1)(za) exempts performance and communication of musical works and sound recordings during religious ceremonies, expressly including marriage processions and associated social festivities.
What did the DPIIT notice say? It directed copyright societies to refrain from collecting royalties for music at marriage functions, and cautioned the public against acceding to such demands.
Does the exemption cover all events? No — it is confined to bona fide religious ceremonies, marriages and their associated festivities, and to official government ceremonies. Commercial events still require licensing.
Is a DPIIT notice binding law? It is an executive notice, and its force derives from the statutory exemption it points to rather than from the notice itself.
Useful official resources
- The Copyright Act, 1957
- Copyright Office, India
- Department for Promotion of Industry and Internal Trade