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No License of Sound Recording Required for the Marriage Related Functions and Religious Ceremonies

13 th Jun 2021

13th June, 2021

The Managing Directors/CEO's/Directors/Partners/General Managers
All FHRAI Members

CC: All Members of the Executive Committee
       All Regional Associations

Subject: No License of Sound Recording Required for the Marriage Related Functions and Religious Ceremonies

Dear Member(s),

This is regarding recorded music played or live music performed at religious ceremonies including a marriage procession and other social festivities associated with marriage & requirement of license from agencies like PPL, IPRS & Novex etc.

Please be informed that as per the enclosed Public Notice of Ministry of Commerce & Industry dated 27th August, 2019, it has been clarified that in view of the provisions contained in Section 52(1) (za) of the Copyright Act, it is not required to take license of any sound recordings in the course of religious ceremony including a marriage procession and other social festivities associated with a marriage.

The High Court of Gujarat in Devendrakumar Ramchandra Dwivedi vs. State of Gujarat, MIRP2009 (3)146, 2010 (43) PTC303 (Guj), has also expanded the meaning of Religious Functions mean bona-fide religious ceremony like Navratri Pooja, Aarti etc. so also marriage procession or other social festivities associated with a marriage, wherein performance of a literary, dramatic or musical work, officially which would not amount to infringement of copy right.

Thus, members are informed that in case a marriage procession and other social festivities associated with a marriage or  any event associated with a religious ceremony is taking place at your premises, you need not obtain; or insist on the event organizer or guest to obtain any licence from the copyright owner(s) or their assignees/licensees, such as IPRS, PPL, Novex etc.

With Best Regards,

Jaison Chacko
Secretary General
_____________________________________________________
The Federation of Hotel & Restaurant Associations of India
Regd. Off.: B-82, 8th Floor, Himalaya House, 23 K.G. Marg, New Delhi - 110 001
Tel.: 011-40780780, Email: fhrai@fhrai.com, Website: www.fhrai.com

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ASSOCIATIONS OF INDIA

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