Upon being questioned about whether sound recordings need to be licensed for use in social festivities and marriage ceremonies, the Copyright Office in its notice dated 27.08.2019 has provided for a clear clarification.
Interpreting section 52 (1) (za) and the explanation provided therein, the Copyright Office has clarified that the fair dealing clause extends to such marriage and social ceremonies. The exception covers such marriage, social ceremonies, religious ceremonies as well as official functions conducted by the central, state or local governments and authorities.
Hence, in accordance with this it has properly been clarified that no license needs to be sought in lieu of usage of copyrighted works for the said purpose.
Earlier, IPRS has on its website, via a notification clarified that it does not charge any Royalty or License Fee for Events and Functions declared as marriage or certain social festivities connected with marriage, in accordance with this Fair Dealing provision under the Indian Copyright Act. Further, it has also been stated that on demand of such royalty for such a marriage function for IPRS, appropriate action might be taken.
The public notice can be accessed here.
Image from here.
