Goa Govt’s Music at Weddings Circular Quashed

In a recent ruling, the Bombay High Court set aside the Goa Government’s circular dated January 30, 2024, which clarified that no hotel or copyright society could insist upon any permission or NOC for the performance of musical works or other musical recordings at weddings and envisaged strict action against such illegal royalties or fee demands.[1]

This circular referred to the July 2023 public notice issued by the Department for Promotion of Industry and Internal Trade (DPIIT) through which copyright societies were directed to refrain from collecting royalties for playing music in marriage functions in contravention of Section 52(1)(za) of the Copyright Act, 1957.

The circular went on to clarify that no hotel or copyright society shall insist upon any permission or NOC for the performance of musical works or other musical recordings for religious ceremonies or festivals including wedding or marriage events and other social festivals associated with marriage. It also specified that field units had to be instructed to take strict action against any hotel or copyright society raising such illegal demands of royalties or any fees.

The petitioners filed the present petitions before the Bombay High Court challenging the said circular. Rejecting the respondents’ contentions, the Court determined that the circular went beyond merely informing the public of the provision of Section 52(1)(za), and introduced words not present in the said provision. The Court pulled up the instruction given to field units, and the use of the term ‘wedding’ instead of ‘marriage’ and emphasised the importance of the expression ‘bona fide religious ceremony’.

Highlighting various provisions of the Act, the Court noted that it provided a complete mechanism for addressing the grievances of copyright owners and also of those who contended that there was no infringement. It was added that the question as to whether an act constituted copyright infringement had to be decided on a case-to-case basis. The circular was also found to interfere with the enforcement mechanism provided under the Act.

Consequently, the Court set aside the impugned circular, deeming it to be illegal and contrary to the provisions of the Copyright Act.

[1] Phonographic Performance Limited v. State of Goa and Ors. (WP No. 253 of 2024) and Sonotek Cassettes Company v. State of Goa and Ors. (WP No. 254 of 2024)