Team Herald
MARGAO: In a detailed statement addressing recent industry concerns, Novex Communications, a public performance rights, copyright, and anti-piracy brand, clarified the legal position regarding music licencing requirements for weddings and marriage-related events in commercial venues.
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The statement comes after two hotel bodies, Hotel and Restaurant Association – Western India (H&RA) and Federation of Hotel & Restaurant Associations of India (FHRAI), had, last week, said that Section 52(1)(za) of the Copyright Act, 1957, exempts ‘a marriage procession and other social festivities associated with a marriage’ from requiring music licences or paying royalties – a stance Novex describes as “misconceptions circulating within the industry”.
Last week, the hotel bodies had advised their members to inform guests about the exemption and allow wedding events to be held without the need for music licenses. They had also urged members to report any demands for licences from copyright societies, so the matter can be appropriately contested in court.
According to Novex, the Ministry of Commerce and Industry has placed its public notice dated July 24, 2023, in abeyance. This action was taken in compliance with a judgment passed by the Punjab and Haryana High Court in the case of Novex Communications vs. Union of India. The court had previously quashed a similar public notice from August 27, 2019, establishing important precedents for the industry.
The company points to the HC’s clear stance that when copyrighted music is played in commercial spaces, the element of commercial gain cannot be dismissed, even for wedding ceremonies. “This means there is no universal exemption under Section 52(1)(za) of the Copyright Act for marriage and related social events when held at commercial venues.”
The company reveals it has taken legal action by sending notices to entities spreading inaccurate information about licencing obligations. “Novex has already sent them a legal notice on November 15, calling upon them to immediately withdraw the said circulations and to issue fresh circulations detailing the correct position as per law.
The said entities have also concealed the fact that as per Section 51 of the Copyright Act, it is not only the person playing the sound recordings who is liable i.e. the organiser and the DJ but also the venue which is liable for taking the licence,” says the statement from Novex. “What is further troubling is that these entities are charging huge amounts for hosting such events and earning huge profits at the cost of the owners of music, however they are misappropriating
the same and further misleading the public at large,” it adds.
