HRAWI clarifies that music played at weddings and related events remains exempt from licensing under Indian law, countering false claims by private agencies.
The Hotel and Restaurant Association of Western India (HRAWI) has provided clarity on the legal requirements for obtaining music licenses for weddings and related social festivities held at hospitality venues. This statement addresses recent confusion caused by claims from certain private agencies that such licenses are now mandatory. HRAWI has reaffirmed that Indian law remains unchanged, and music played during wedding processions and associated celebrations is exempt from licensing requirements. The association emphasized that playing music at these events does not constitute an infringement. Furthermore, it clarified that any private agency demanding payment for music licenses in connection with weddings or related festivities is acting in violation of Section 52(1)(za) of the Copyright Act.
“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 Some agencies are also publishing misleading reports suggesting the exemption for a marriage is no longer valid.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 Hon’ble 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 Mr Pradeep Shetty, Spokesperson & Hon’ Secretary, HRAWI.
In a Public Notice issued on July 24, 2023, the DPIIT informed the public that weddings and associated social celebrations were exempt from needing music licenses under Section 52(1)(za) of the Copyright Act, 1957. However, in a later notice dated November 7, 2024, the DPIIT put the earlier notice on hold. Despite this, the Hotel and Restaurant Association of Western India (HRAWI) has clarified that the original notice was purely explanatory in nature and did not introduce any new legal obligations.
“Additionally, even the Hon’ble 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 Mr. Nirav Gandhi, Senior Vice President, HRAWI.
The Association has reaffirmed that the Government of India has neither rescinded nor modified its earlier public notice regarding music licensing for wedding events. It further clarified that the DPIIT notice issued on November 7, 2024, does not impose any new licensing requirements for marriage-related festivities. Section 52(1)(za) of the Copyright Act, 1957, continues to be in effect, maintaining the exemption for the use of music during weddings and related social celebrations.
As the wedding season gains momentum, HRAWI has circulated a directive to its members, emphasizing the importance of ensuring the public is not misled by false claims from private entities unlawfully demanding fees. The Association has called for heightened vigilance to prevent harassment and safeguard the public from unwarranted payments.
“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 Mr Shetty.
