In a landmark decision, the Punjab and Haryana High Court dismissed the Registrar of Copyright’s public notice from August 27, 2019. The use of any type of music recording at weddings and religious rituals in hotels and vast palaces will henceforth be considered a copyright violation.
It will be considered a violation of the Copyright Act if the operator does not secure a licence from the music company. The use of any audio recording during weddings, processions, social functions, or religious ceremonies, according to the Copyright Registrar, is not a copyright infringement and does not require a licence.
Novex Communications filed a suit with the Punjab and Haryana High Court, which was heard. In its order, the High Court clarified that in order to use sound recordings in any programme, a permission from the relevant music firm is required. Justice Raj Mohan Singh issued the order.
These companies’ rights belong to the petitioner. Several music companies’ rights are held by the petitioner company. Zee Entertainment, Eros International Media, Tips Industries, Red Ribbon Entertainment, SPI Music, and Third Culture Entertainment are among the company’s well-known subsidiaries. It is important to secure a license from the company if any of these company recordings are utilized in public locations or at live events, such as pubs, hotels, restaurants, as well as live events and parties.
During the hearing, Harinder Deep Singh Bains informed the High Court that on August 27, 2019, the Copyright Registrar of the Government of India had issued a public notice. According to the notification, using music recordings in religious ceremonies, marriages, and social gatherings does not constitute copyright infringement and does not necessitate a licence. Marriages are held in large hotels and marriage palaces, according to Bains. Managers of hotels and palaces charge millions for concerts, but they exploit sound recordings in the name of marriage without obtaining a permission from the company. As a result, the corporation is experiencing significant financial losses. The copyright registrar did not have such legislative authority, according to Bains, and it was against the company’s interests.
The Punjab and Haryana High Court heard all of the arguments and ruled that the Copyright Registrar’s decision was incorrect. The notice from the 27th of August, 2019 has been revoked. While the Delhi High Court appoints an expert to help with the Copyright Act’s fair use of music, sound recordings in marriage ceremonies.
Rao Sb
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