DO YOU NEED LICENSE TO PLAY MUSIC AT YOUR OWN WEDDING ?

INTRODUCTION

Imagine it’s your wedding day, everyone’s dancing, laughing, and enjoying the moment. Suddenly, a group of people enters, stops the music, and demands a hefty fine. They claim you’re using copyrighted music without a license. This scenario, though shocking, is becoming increasingly common at weddings and events.

These individuals usually represent private agencies like PPL (Phonographic Performance Limited) or NOVEX Communications. They’re not a registered copyright society but act like they are authorized to collect royalties and issue licenses on behalf of music rights.

Playing popular songs at events like weddings can fall under “public performance,” which, under the Indian Copyright Act, 1957, typically requires a license. However, there’s a legal debate around whether weddings, especially private family functions of weddings, qualify as public events.

While these agencies can raise concerns, they cannot legally disrupt a wedding without due legal process. To avoid trouble, confirm whether your DJ or venue has the necessary licenses or obtain one yourself if needed. Also, make sure to know whether the person interrupting your wedding is legally authorised to do so.

UNDERSTAND THESE SOCIETIES

1. PPL (not a registered copyright society)

Phonographic Performance Limited (PPL India), founded in 1941, is a performance rights organization that licenses sound recordings for public performance and broadcasting. It represents over 450 music labels with a catalogue of more than 70 lakh Indian and international tracks. To learn more, visit their official website: https://www.pplindia.org. You can also view their detailed fee structure for social functions held at commercial premises here: https://odin-api-prod.pplindia.org/public/uploads/33D_-_Social_function_in_a_commericial_premises-1722497326525.pdf

NOTE: PPL was a registered copyright society between 7^th may 1996 and 21^st June 2014. Later it surrendered its license as statutory requirements.

2. NOVEX (not a registered copyright society)

Established in 1995, Novex Communications is a private agency that claims to manage public performance rights, copyright licensing, and anti-piracy. However, Novex is not a legally authorized copyright society.Therefore, it does not have the legal right to act as if it is authorized to protect the rights of any music label. To know more, visit their official website: – Novex Communications – Top Music Licensing Companies. You can also view their latest fee structure here:
Novex_Rate Card 2024-25_New

3. IPRS

The Indian Performing Right Society Limited (IPRS) is a government-authorized, non-profit copyright society registered under the Copyright Act, 1957. It simplifies the complexities of copyright law by helping music users play music legally while ensuring that authors, composers, and publishers receive fair compensation for their work. Visit- Home – IPRS, their fee structure- Page not found – IPRS

4. RMPL

Recorded Music Performance Ltd. (RMPL) is authorized to exclusively manage public performance and radio broadcasting rights for sound recordings of its member music labels, including both film and non-film songs. All licenses issued by RMPL are conditional, non-exclusive, and limited in duration and purpose. Ownership and control of copyrights remain solely with the original rights holders, no transfer of title or usage rights occurs through these licenses.Visit- RMPL

Tmwala can assist event organizers and venues in navigating these society’ licensing requirements, helping them understand who holds legitimate authority and how to legally obtain the required permissions.

INDIAN LEGAL FRAMEWORK

1. Indian Constitution

Article 19(1)(a) of the Constitution protects the freedom of expression, along with provisions promoting art, science, and culture. This ensures a balance between the right to enjoy religious and cultural events, such as weddings, without undue interference or obstacles. The article effectively balances intellectual property rights with fundamental constitutional freedoms.

2. COPYRIGHT LAW

Section 52(1)(za) of copyright act, 1957, provides “the performance of a literary, dramatic or musical work or the communication to the public of such work or of a sound recording in the course of any bona fide religious ceremony or an official ceremony held by the Central Government or the State Government or any local authority.

Explanation-For the purpose of this clause, religious ceremony, including a marriage procession and other social festivities associated with a marriage.”

Also, the copyright registry released a public notice dated 27/08/2019 to further clarify that a religious ceremony includes a marriage procession. Read Here: PublicNotice37.pdf

DPIIT PUBLIC NOTICE AND ITS IMPACT

The Department for Promotion of Industry and Internal Trade (DPIIT) issued a public notice dated 24/07/2023, clarifying that marriage processions and other social functions related to weddings fall under the scope of religious ceremonies. You are protected from copyright infringement claims if copyrighted music is playing during marriage processions. Section 52(1)(a) of the Copyright Act allows the use of copyrighted music during religious ceremonies as an exception. The official notice: Public Notice regarding Section 52(1) (za) of copyright act, 1957 | Department for Promotion of Industry and Internal Trade | MoCI | GoI

This notice offered temporary relief to hotels, event managers, and individuals planning weddings. However, it faced strong criticism from copyright holders and their representatives, who argued that it undermines their rights and revenue.

WHAT THE COURT HAS TO SAY

Indian courts, through various cases, have provided clarity on how these private agencies and copyright societies should operate, also defined the limits of their authority. Let’s take a look at some of these key rulings.

1. M/S Event And Entertainment Management Association (EEMA) v. Union Of India, In Paragraph 16 of its judgment, the Hon’ble Delhi High Court clarified that PPL and Novex are not registered copyright societies under the Copyright Act. Therefore, no direction for an inquiry under Section 33(4) of the Act can be issued against them. This judgment highlights the distinction between registered copyright societies and private entities managing rights.
2. M/s Novex Communications Pvt. Ltd. vs. DXC Technology Pvt. Ltd.
   In this case, the Hon’ble Madras High Court observed that the legislative history behind the second proviso to Section 33 of the Copyright Act had not been fully considered earlier. The Court clarified that the second proviso mandates that the “business of issuing or granting licenses” must be carried out exclusively through a copyright society. This ruling reinforced the legal position that private entities cannot independently engage in licensing activities unless registered as copyright societies.

CURRENT SCENARIO

In an ongoing case of PHONOGRAPHIC PERFORMANCE LIMITED vs. AZURE HOSPITALITY PRIVATE LIMITED & ORS CS(COMM) 714/2022 before the Delhi High Court, Phonographic Performance Limited (PPL) fined 86 restaurants of the defendant no.1 on 13 and 14 July 2022, alleging the unauthorized use of sound recordings. However, in a recent interim order dated 15 April 2025, the Division Bench of the Delhi High Court held that PPL does not have the legal authority to issue licenses unless it is registered as a copyright society under the Copyright Act, 1957. This order reinforces the requirement of proper registration before engaging in licensing activities. Read the order here: chs15042025fac412025145755-595987.pdf

CONCLUSION

In conclusion, if such authorities show up at your wedding, let them know that you are aware of your rights and that they cannot fine you without having a valid legal position to do so.

The current legal landscape surrounding music licensing in India highlights the importance of strictly adhering to the provisions of the Copyright Act, 1957. Entities like PPL and Novex, though active in the music licensing space, are not registered copyright societies and therefore lack the statutory authority to issue licenses for the public performance of sound recordings. The recent interim order by the Delhi High Court in PPL vs. Azure Hospitality Pvt. Ltd. reaffirms this legal position, making it clear that only registered copyright societies are empowered to grant such licenses.

Furthermore, the DPIIT’s public notice and judicial interpretations of Section 52(1)(za) of the Act recognize marriage-related ceremonies as exceptions to copyright enforcement, providing some protection to users in these contexts. However, this has sparked debate between users’ rights and the legitimate interests of copyright holders.

In this evolving scenario, all stakeholderswhether event organizers, businesses, or rights holdersmust stay informed about legal requirements and court rulings to avoid potential liability and ensure compliance. Ultimately, clarity, transparency, and lawful registration are essential to maintaining a balance between protecting creative works and facilitating their fair use in society.

Tmwala stands ready to assist you through this complex legal issue, offering expert advice, licensing support, and peace of mind for your events and businesses.