Can wedding music be played royalty-free under the “religious ceremony” copyright exemption? Goa said yes — and the Bombay High Court said the state had no business saying so. The executive cannot rewrite the Copyright Act by circular.
What Goa did
On 30 January 2024, Goa’s government issued a circular stating that no permission or NOC was needed to use sound recordings in religious ceremonies, including weddings. It went further: it said demands for permissions by copyright societies contravened Section 52(1)(za) of the Copyright Act, 1957, and directed police to act against societies collecting royalties. The circular cited a July 2023 DPIIT notice telling societies not to demand royalties for wedding music.
Why lawyers said it misread the law
Section 52(1)(za) permits performance of a literary/dramatic/musical work or sound recording during “bona fide religious ceremonies” — including official ceremonies by the government. The criticism: this is a narrow exemption for genuine religious ceremonies, not a blanket licence for all wedding festivities, receptions and social events. Reading “religious ceremony” to cover every wedding celebration overstretched the provision.
Two further problems: the circular offered no economic data to back its “tourism is being deterred” rationale, and instructing police to intervene — without clear guidelines or statutory authority — invited arbitrary enforcement against rights holders.
The challenge and the ruling
Phonographic Performance Ltd (PPL) and Sonotek Cassettes filed writ petitions, arguing the executive cannot interpret statute through circulars or expand Section 52(1)(za)‘s scope, and that directing police against copyright holders undermined their statutory rights.
On 13 August 2024, the Bombay High Court struck the circular down as ultra vires. Its reasoning:
- The circular improperly extended Section 52(1)(za) beyond legislative intent, infringing copyright owners’ statutory rights.
- It pointedly noted the circular said “wedding” while the statute says “marriage,” questioning whether the terms align.
- Whether something is a “bona fide religious ceremony” turns on the facts of each case — and courts, not administrators, decide copyright-infringement questions.
- The police directive undermined the Copyright Act’s own enforcement mechanisms.
The takeaways
- Section 52(1)(za) is narrow. It covers genuine religious ceremonies — not automatically every wedding reception or social event.
- Executives can’t rewrite statute. A circular cannot expand a statutory exemption or displace copyright enforcement.
- Ambiguity remains for event planners; societies often refuse permissions for events they consider outside the exemption. The real fix is clearer guidelines, not circulars.
Frequently asked questions
Does wedding music need a copyright licence in India? Often yes. The Section 52(1)(za) exemption covers bona fide religious ceremonies, not automatically all wedding festivities — so many events still need a licence.
Why was Goa’s circular struck down? The Bombay High Court held it ultra vires — the executive improperly expanded Section 52(1)(za) and wrongly directed police against copyright holders.
What does Section 52(1)(za) actually exempt? Performance during bona fide religious ceremonies (including official government ceremonies) — a fact-specific, narrow exemption.
Who decides if a ceremony is “bona fide religious”? The courts, on the facts of each case — not administrators by circular.
Useful official resources
- The Copyright Act, 1957
- Copyright Office, India