Mumbai 12 November: Several court rulings and circular issued by the Ministry of Commerce and Industry has reinforced the requirement for all kinds of social events, including pre and post weddings, cocktail parties, bachelor’s party, mehendi, reception and other such social functions, to obtain a license from Novex Communications for playing copyrighted music from Yash Raj, Zee, and Tips and other popular music labels. This follows the interpretation of Section 52(1)(za) of the Copyright Act, traditionally exempting music use during “bona fide religious ceremonies,” only such as marriage processions.
Historically, this exemption allowed music only at bonafide religious ceremonies without a license. However, court judgments, including Novex Communications vs. Union of India (CWP No. 28758 of 2019), clarify that events with commercial elements—such as those in hotels, banquet halls, ground, resorts etc. where vendors generate revenue—may not qualify. Novex Communications asserts that this exemption should strictly apply to non-commercial, religious settings; thus, events with revenue-generating services, where crores of rupees are earned by the venue, event managers, caterers and other entities by utilizing the sound records of Novex, falls outside its scope.
The High Court rulings, including those in Phonographic Performance Limited vs. State of Punjab (CWP No. 7772 of 2011) and Gujarat High Court’s SCA No. 9979 of 2009, underscore that commercialized events using copyrighted music must secure licenses. The Ministry of Commerce and Industry had initially issued public notices suggesting that no license was necessary for marriage-related events. Recently, the Ministry, following the Punjab and Haryana High Court's decision, placed its July 24, 2023, public notice in abeyance, clarifying the exemption's limitations for marriage-related events.
These legal clarifications urge all venues and event organizers to proactively obtain licenses for social events hosted in commercial settings, aligning with Novex’s compliance guidelines.
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