Indian Weddings – Music and Applicable Laws of Intellectual Property Rights.

[YAGAY andSUN]

That’s a super interesting and highly relevant topic—especially in India, where music is an inseparable part of weddings, from ‘baraats’ to ‘sangeets’ to reception DJs. There’s also a big grey area around the use of music in private or commercial functions. Let's break this down with a legal analysis focusing on Intellectual Property Rights (IPR) and how they apply to Indian weddings.

1. Introduction

Indian weddings are grand, elaborate, and deeply musical. The use of Bollywood songs, devotional hymns, classical music, and DJ remixes is not only customary but central to the celebration. However, this raises key questions under copyright law, particularly with regard to:

• Public performance rights
• Licensing obligations
• Moral rights of artists
• Use of copyrighted material by event organizers, hotels, DJs, and performers

This paper analyses the application of Indian copyright law, industry licensing practices, and judicial trends on music played during Indian weddings.

2. Legal Framework Governing Music in India

2.1 The Copyright Act, 1957

Under the Act, musical compositions, sound recordings, and lyrics are all protected as copyrightable works. The owner (usually the music label) holds exclusive rights to:

• Reproduce the work
• Perform it in public
• Broadcast or communicate it to the public
• Issue licenses for use

2.2 Public Performance and Communication to the Public

• Section 2(ff) defines “communication to the public” to include making any work available for being heard or seen by the public.
• Section 13 gives exclusive rights to copyright holders.

Playing music at public functions, weddings hosted at banquet halls, or commercial events can qualify as “communication to the public,” thus requiring a performance license.

3. Is a Wedding Considered “Private” or “Public”?

This is the most critical question for applying copyright law to weddings.

3.1 Key Judicial Ruling: INDIAN PERFORMING RIGHT SOCIETY LTD. VERSUS EASTERN INDIA MOTION PICTURES ASSOCIATION - 1977 (3) TMI 167 - SUPREME COURT

The Supreme Court held that even if the audience is selectively invited, if the event is held at a commercial venue (like a banquet hall, hotel, or lawn), it may be deemed public.

3.2  INDIAN PERFORMING RIGHTS SOCIETY LTD. VERSUS SANJAY DALIA & ANR. - 2015 (7) TMI 277 - SUPREME COURT

Reinforced the idea that playing music at marriage functions in a commercial setting constitutes public performance, requiring permission or a license from the rights holder.

Thus, music played at private homes is generally exempt, but music at:

• Wedding lawns
• Resorts
• Banquet halls
• Hotels with over 100 guests

...is treated as a public performance, needing a license.

4. Licensing Authorities in India

4.1 IPRS (Indian Performing Right Society)

• Collects royalties for lyrics and musical compositions.
• Licenses are required for live or recorded public performances.

4.2 PPL (Phonographic Performance Limited)

• Collects royalties for sound recordings (songs as recorded and released).
• DJs, event organizers, and banquet halls must obtain a PPL license.

✅ Both licenses may be required for playing a popular Bollywood song at a wedding.

5. Who Is Liable?

Entity	Legal Responsibility
Wedding couple or family	Not usually held liable if event is private/home-based.
Banquet hall/hotel	Must ensure PPL/IPRS licenses are in place.
DJ/Performer	Liable if they play copyrighted music publicly without license.
Event Management Company	Can be held liable for unlicensed usage.

Case example: In 2021, PPL issued notices to multiple DJs across Delhi and Mumbai who were performing at weddings without proper licenses.

6. Challenges and Grey Areas

• Confusion over licensing obligations – Many users are unaware that separate licenses are needed for lyrics vs recordings.

• DJ remixes and mashups – Often made without permission from original rights holders.

• Live bands – Performing covers without appropriate performance licenses may also infringe copyright.

• Streaming services – Use of Spotify/YouTube at public events violates their terms of service (for non-commercial, personal use only).

7. Exceptions under the Copyright Act

Section 52(1)(za) – Fair Use for Marriage Ceremonies

"The performance of a literary, dramatic or musical work... in the course of any bona fide religious ceremony including a marriage procession and other social festivities associated with a marriage" shall not constitute an infringement.

✅ BUT: This exemption applies to non-commercial, traditional, bona fide ceremonies. It does not cover commercial-scale sangeets or receptions held in rented spaces with hired DJs and 500 guests.

8. International Perspective

Countries like the UK (under PRS for Music), and the USA (under BMI and ASCAP) also require performance licenses for music played in weddings if held in commercial venues or if vendors are hired.

9. Recommendations

• Public Awareness: Greater education on IPR laws among DJs, event planners, and families.

• Venue Responsibility: Hotels/banquet halls should include IPRS/PPL compliance in contracts.

• Single Window Licensing: IPRS and PPL should consider joint licensing for weddings to reduce confusion.

• Standard Tariff Plans: Transparent, tiered licensing fees based on guest count or venue type.

10. Conclusion

Music is the heartbeat of Indian weddings—but its use must navigate the terrain of intellectual property laws. While the law provides some exemptions for cultural and religious events, commercial-scale weddings with public performances of copyrighted music require proper licensing. Balancing the spirit of celebration with the rights of creators is not just a legal necessity—it’s a cultural responsibility.