Legal provision shields ‘marriage-related musical performances’ from licence requirements: TTAG

Team Herald

MARGAO: The Travel and Tourism Association of India (TTAG) has highlighted a legal provision that could still exempt wedding ceremonies from requiring music licences, following recent developments that have alarmed industry stakeholders in Goa.

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This comes after the Central government’s recent notification and the Bombay High Court of Goa’s decision that had withdrawn previous exemptions for playing music at wedding ceremonies.

Responding to a query from O Heraldo, TTAG President Jack Sukhija pointed to Section 52(1)(za) of the Copyright Act, 1957, which specifically exempts marriages and associated social festivities from requiring NOCs or royalty payments for playing music.

“If any copyright society seeks payment of an amount for obtaining licence for any such marriage procession and other social festivities associated with a marriage then the same would not be legal and would be in violation of Section 52(1)(za),” Sukhija told Herald.

Incidentally, both the Federation of Hotel & Restaurant Associations of India (FHRAI) and the Hotel and Restaurant Association Western India (H&RA) have also issued separate statements that reiterate this view that the Copyright Act’s exemption remains unchallenged.

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When asked to comment on this aspect, Sukhija acknowledged its national scope and mentioned that organisations like FHRAI are addressing it.

He stressed that if any entity had to challenge the Copyright Act in Courts, then it would be up to the Courts to make its determination but until then, he emphasised TTAG’s current position maintains “that marriage-related musical performances are exempt from licensing requirements”.

Regarding the recent Bombay High Court verdict’s implications for Goa, Sukhija clarified that no blanket directive has been issued, and such matters would be evaluated on a case-by-case basis only. He advised that if a situation arises in Goa where event management companies or venue owners face claims from copyright societies, then they could contest such claims in court.

He concluded that TTAG is continuing to monitor the situation in Goa.

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