PANAJI
The Bombay High Court at Goa quashed a circular issued by the State government in January that exempted music played at weddings from being subject to copyright infringement action under the Copyright Act, 1957.
A Division Bench comprising Justice M S Karnik and Justice Valmiki Menezes ruled that the circular was inconsistent with the provisions of the Copyright Act and emphasized that religious ceremonies mentioned in the circular must be determined on a case-to-case basis.
“We have no hesitation in holding that the impugned Circular is in the teeth of the provisions of the Copyright Act and therefore, the petitions must succeed. The impugned Circular dated January 30, 2024 issued by the Department of Home is quashed and set aside,” reads the order.
The circular cited a public notice from the Ministry of Commerce and Industry in July 2023, which claimed that the performance of musical works at religious ceremonies including weddings did not violate the Copyright Act, 1957.
“Several complaints have been received stating that in respect of religious ceremonies including marriages/ wedding festivities, there is an insistence by certain organizations/ hotels to get permission from copyright societies for performance of musical works, communication to the public sound recording, etc. In this regard, the Public Notice of Government of India dated July 24, 2023 issued by the Ministry of Commerce and Industry is very clear which states that such performance of musical works, etc, at religious ceremonies including weddings does not amount to violation of Copyright Act 1957,” the circular had stated.
“…field units will have to be instructed to take strict action against any hotel or copyright society raising such illegal demands of royalties/any fees for performance of musical works or other musical recordings at religious ceremonies/ festivals, including marriage/weddings events and other social festivals associated with marriage.”
The petitioner challenged the circular asking the Home Department to withdraw it or face legal action. When the department did not respond, a writ petition was filed.
The high court reiterated that the purpose of the Copyright Act is to protect the author’s rights from unlawful reproduction or exploitation.
“The whole essence of copyright is a right to stop others from exploiting the work without the consent or assent of the owner of the copyright.
Thus, the issue of copyright is closely connected to that of commercial viability, commercial consequences, and implications…. The Circular in our opinion will have to be read as a whole considering the overall tenor.
The Circular warrants interference in the exercise of writ jurisdiction of this Court under Article 226 of the Constitution of India,” it said while quashing the circular.
