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

CC:      All Members of the Executive Committee       
             All Regional Associations         

SUB:            1.       EXEMPTION FOR WEDDING EVENTS

                     2.       ORDER OF THE HON'BLE PUNJAB & HARYANA HIGH COURT DATED 19-05-2022 QUASHING THE PUBLIC NOTICE DATED 27-08-2019 BY THE REGISTRAR OF COPYRIGHTS

Dear Member,

As you are aware, the Hon'ble Punjab & Haryana High Court, vide its judgment dated 19-05-2022 passed in Civil Writ Petition No. 28758/2019, has quashed and set aside the Public Notice dated 27-08-2019 issued by the Registrar of Copyrights. 

After the said judgment, our members have informed us that unregistered copyright agencies - Novex Communications Pvt Ltd. & PPL- have started sending en-masse emails to the hotels across the country enclosing the judgment of the Hon'ble High Court. Our members have also informed us that orally these agencies are also telling members that the exemption granted under Section 52 (1) (za) of the Copyright Act, 1957 is no longer available.

In this regard, we have received a number of complaints from our members and they requested FHRAI to issue a clarification on the actual legal position as on day.

In light of the above facts, members may note as follows:

1. The Hon'ble Punjab & Haryana High Court vide its judgment and order dated 19.05.2022 in CWP No.28758 of 2019 (O&M) has only quashed and set aside the Public Notice dated 27.08.2019 issued by the Registrar of Copyrights. 

2. The judgment dated 19.05.2022 has not struck down Section 52 (1) (za) of the Copyright Act, Section 52 (1) (za) reads as follows:
"(za) 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;"

3. Therefore, the exemptions granted under Section 52 (1) (za) of Copyright Act still prevails and there is no requirement for obtaining a license if the event is covered by Section 52(1) (za).  

4. The members should ensure that all requisite documents and evidence such as wedding invite cards along with suitable declarations are obtained from guests before any wedding event is hosted in your premises.​
5. The Court has made observation that whether an event is exempted or not, depends on the facts of each case, based on the law.  

6. FHRAI is in the process of legally examining all possible measures to address this issue and we will keep our members informed about any future development on this matter. 

Please find enclosed a copy of the order of the Hon'ble Punjab & Haryana High Court for your kind consideration.

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