Hyderabad: The central government has issued a directive to address the issue of copyright infringement related to the playing of Bollywood songs at wedding ceremonies and other festivities. According to the directive, individuals and establishments will no longer face legal action for copyright violations when playing film songs including Bollywood songs at such events.
Complaints- The directive comes as a response to numerous complaints raised by the public and other stakeholders regarding the collection of royalties by copyright societies for the performance of these songs during marriage functions. The Department for Promotion, Industry, and Internal Trade (DPIIT) took note of these grievances and publicly announced its stance on the matter.
Performance, no infringement- The DPIIT clarified that the alleged collection of royalties by copyright societies for the performance of musical works at marriage functions goes against the spirit of Section 52 (1) (za) of the Copyright Act 1957. This particular section outlines acts that do not constitute copyright infringement.
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What are all exempted- The said section specifically exempts the performance of literary, dramatic, or musical works, as well as sound recordings, during bona fide religious or official ceremonies from copyright infringement. The DPIIT clarified that religious ceremonies, which include marriage processions and associated social festivities, fall under this exemption.
“It is well known that Section 52 of Copyright Act 1957 enumerates certain acts which shall not constitute an infringement of Copyright. Section 52 (1) (za) specifically mentions 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 bonafide religious ceremony or an official ceremony held by the Central Government or the State Government or any local authority, as not constituting infringement of Copyright. Religious Ceremony (for the purpose of the aforementioned clause) includes a marriage procession and other social festivities associated with marriage,” a notice from DPIIT said.
Copyright societies instructed- To ensure compliance with the law and prevent any legal repercussions, the DPIIT issued a directive to the Copyright Societies, instructing them to abstain from actions that contravene the said provision of the Copyright Act. This means they are not allowed to demand royalties for the performance of Bollywood songs during marriage events or any other applicable religious or official ceremonies.
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“In view of above, Copyright Societies are directed to strictly refrain from entering into acts which are in contravention to Section 52 (1) (za) of Copyright Act 1957, in order to avoid any legal action. Also, the General Public is hereby cautioned to not to accede to any uncalled demands from any individual/organization/copyright society which are in violation of Section 52 (1) (za) of Copyright Act 1957,” the notice added.
Diktat to public users- The agency has advised the users not to yield to any unwarranted demands from individuals, organisations, or copyright societies that violate this section of the act. The advisory is intended to protect individuals and businesses from potential harassment or legal complications resulting from improper demands related to copyright payments.
Lifeline to hospitality industry-The decision to exempt the playing of Indian film songs at wedding ceremonies and other celebrations from copyright infringement has been widely appreciated by the end users and organisers in the hospitality industry. The hospitality industry, in particular, has been under considerable pressure from various copyright organisations due to alleged copyright violations during events.
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