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MARRIAGE MUSIC MONEY: WHAT SHALL THE EVENT MANAGERS DO?

March 15, 2024

*Mr. Dixit Parakh

INTRODUCTION

The amalgamation of music and marriage has always been coexisting and it is not just limited to Indian society. The debate concerning the use of copyright-protected work in wedding ceremonies has long hauled and is still finding its place in a court of law. In a recent order by the Delhi High Court, the event management company was ordered to deposit money against the use of sound recordings in events associated with marriage ceremonies and rituals. The blog shall explore the recent order concerning Section 52 (1) (za) of the Copyright Act, 1957 and shall further investigate the expert report to understand the issue in a better manner.

Section 52 (1) (za) of the Copyright Act, 1957

"The performance of a literary, dramatic, or musical work or the communication to the public of such work or of a sound recording during 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 RECENT ORDER

In a recent order by the Hon’ble High Court of Delhi, Canvas Communications was ordered to deposit a sum of Rs. 1,00,000 for two of three events organized in New Delhi. Canva is an event management company, and in February 2024, applied for a NOC from Phonographic Performance Ltd. (PPL) for playing various popular songs during ceremonies but they were met with refusal. The three events were:

  1. Pre-wedding Sangeet.
  2. Marriage solemnization ceremony.
  3. Post-wedding cocktail party.

Canva relied on a notification published by the Department for Promotion of Industry and Internal Trade (DPIIT) dated 24th July 2023 clarifying that playing music in wedding functions (all three events) does not amount to copyright infringement as per Section 52 (1) (za) of the Copyright Act, 1957.

PPL argued that the High Court of Punjab & Haryana had quashed the said notification, and as per Section 52 (1) (za), the exemption was to “a bona fide religious ceremony”, which includes the solemnization and no other wedding events. It does not apply to marriage ceremonies on commercial premises and to event planners.

The court ordered Canva to deposit an amount of Rs. 1,00,000 (Rs. 50,000 for events ‘a’ and ‘c’) to PPL and held this arrangement as a pro team measure to balance the rights of the parties at this stage.

INSIGHT INTO THE EXPERT REPORT BY DR. ARUL GEORGE SCARIA

The Hon’ble Court of Delhi in ‘Phonographic Performance Ltd. vs. Look Part Exhibitions & Events Private Ltd.’ appointed an expert Dr. Arul George Scaria (Associate Professor at NLSIU) under Rule 31 of the Delhi High Court Intellectual Property Rights Division Rules, 2021 to deliver the expert’s opinion on the subject matter of Section 52 (1) (za) of the Copyright Act, 1957. The expert incorporated a detailed analysis of the exemption from the context of India’s obligations under the international agreements and conventions concerning the harmonization of the Intellectual Property (IP) laws, the socio-cultural strata, and the legal magnitudes.

Below are the key insights from the expert’s findings –

  1. Indian copyright laws are in compliance with the designated international agreements and to date, no objections have been raised by any of the participating Member States.
  2. India follows the hybrid approach of limitations and exceptions in the copyright system, where a broad exception is added by a set of listed exceptions. Section 52 (1) (za) falls within such a system where international agreements and local socio-economic and legal factors shall be engaged while delivering a fair analysis.
  3. More than 50 Member States have favoured such limitations and exceptions, allowing copyrighted work to be used in religious ceremonies, military bands and for educational purposes. These Member States have incorporated legal provisions like Section 52 (1) (za) in their Statutes.
  4. Marriage ceremonies and related festivities are remarkable events for many families in India and are always reflected in their social and cultural nuances. Within such diversified cultural practice, the use of music, both traditional and modern, has always been an integral part of the ceremonies. Explanation to Section 52 (1) (za) uses the term “social festivities associated with marriage” shall be interpreted in a broader sense, which means that the provision includes all the social festivities and not just specific rituals, i.e., marriage solemnization.
  5. Under Section 63 of the Copyright Act, 1957, an infringement of copyright invites police intervention. The judicial pronouncement has further declared such infringement as a cognisable and non-bailable offence. There is a fear of police interventions at marriage ceremonies and festivities, which is highly undesirable, given the social context of marriages. Section 52 (1) (za) provides such protection under the current copyright framework of India and derives it by giving a broader interpretation encompassing the right to privacy guaranteed under Article 21 of the Constitution.
  6. Marriage ceremonies and related festivities are private events in public spaces, where the participating public is associated with the family or social circles of the partner in the marriage. Such partners hire and pay for the professional services to be utilized during the marriage; hence are the facilitators. Therefore, in line with numerous judicial pronouncements, the right under section 52 (1) (za) is extended to such scenarios wherein people have hired such facilitators.
  7. A balanced copyright system entails drawing a line between the rights and privileges granted to the copyright owners and the rights of the society or users to use such copyright work through limitations and exceptions.
  8. Indian music industry touched INR 18.7 billion in 2021, wherein only 4% are from public performances. Therefore, the impact is marginal in comparison and Section 52(1) (za) is a minor exception causing minimal loss for copyright holders

Conclusion

The expert opinion on the issue is that event managers fall under the scope of Section 52 (1) (za) while giving the provision a broader reading and interpretation. While drafting the opinion, the expert took relevant subject matter such as India’s obligation towards international agreements, local and cultural customs, and judicial pronouncements from different jurisdictions and delivered a clear remark that event management companies are exempted under Section 52 of the Copyright Act 1957. However, the Delhi High Court has taken a different approach stating that it will be of paramount interest to know whether the expert’s opinion will be considered by the court while delivering the final judgement.

References:
  1. Phonographic Performance Ltd. vs Lookpart Exhibitions & Events Private Ltd., CS COMM 188/2022 & I.A. 4772/2022.
  2. Arul George Scaria, Reading Sec. 52(1)(za) of the Copyright Act 1957: Report of the Independent Expert appointed by the Delhi High Court in Phonographic Performance Limited v. Lookpart Exhibitions and Events Private Limited, 3 (October 11, 2022). Available at SSRN: https://ssrn.com/abstract=4244428 (https://ssrn.com/abstract=4244428).
  3. M/s Knot Pro International v. State of NCT of Delhi, C. A. 807 (2022) 7.
  4. In Chancellor, Masters & Scholars of the University of Oxford vs. Rameshwari Photocopy Service (2016) 6713 SCC DEL, 87.
Author:

*Mr. Dixit Parakh
Legal Researcher

Disclaimer: The opinions expressed in the article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of the Alliance Centre for Intellectual Property Rights(ACIPR) and the Centre does not assume any responsibility or liability for the same.