The Hotel And Restaurant Association (Western India) (HRAWI) has issued a public advisory regarding the requirement of music licenses for marriage processions and related festivities. In light of recent confusion caused by private agencies claiming that licenses are mandatory, HRAWI confirms that there has been no change in Indian law concerning this matter.
Section 52(1)(za) of the Copyright Act, 1957 continues to exempt marriage-related celebrations from music licensing requirements. HRAWI stated that any agency demanding payment for such licenses is acting contrary to the law. Reports suggest that some private agencies are misrepresenting the current legal framework, citing a Goa High Court order and a DPIIT notice as proof of a new requirement.
While the DPIIT recently placed its earlier notice regarding music licensing under abeyance, HRAWI clarifies that this does not impose new licensing obligations. Additionally, the Goa High Court order does not address music licensing for marriage events.
“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 Some agencies are also publishing misleading reports suggesting the exemption for a marriage is no longer valid.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 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 Pradeep Shetty, Spokesperson & Secretary, HRAWI.
“Additionally, even the 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 Nirav Gandhi, Senior Vice President, HRAWI.
“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 Shetty.