Can you get into trouble for playing Bollywood songs at your wedding?

The great Indian wedding season is upon us and dance choreographies to popular Bollywood numbers are soon going  to be on everyone’s to-do list. But can playing pre-recorded music publicly without prior permission cause trouble under copyright law?

Recently, the Bombay High Court restricted the Sports Authority of India (SAI) from playing  songs or music, which are the  intellectual property of a company called Phonographic Performance Limited at SAI’s ‘Horn OK Please’  food festival on the grounds that SAI has not obtained the necessary permissions. 

In this Weekly, let’s understand what permits are required before you can lawfully let the music play. 

What is copyright?

The original creator of any artistic or literary work has the exclusive right to use or reproduce them. This is known as ‘copyright’.  A creator can have a copyright over any literary, musical, dramatic, creative, design or cinematic creation. 

In India, the Copyright Act, 1957 sets out the law on copyright and determines the rights of the creator over the use, attribution, enjoyment and transfer of the creation.

The copyright owner can either authorise or prohibit anyone from reproducing or broadcasting the work, making copies and adaptations, using the work for public performance etc. 

Understanding the copyrights of music creators 

Music creators also enjoy copyright over their songs, recordings and music which is why for replaying such music, obtaining the necessary permission is important. 

Music in its final shape and form undergoes multiple stages and processes. As a result, the copyright of most musical work is held by different people. 

The master copyright is held by the producer of the music who arranges and produces the final recording and distribution of the music. The producers enjoy the right to reproduce, remix or distribute the particular recording of the music according to their will. 

The composer, who arranges the musical notations to create the music or background score is known as the ‘author’ of the music and holds the copyright for the music, including the graphical notes and the melody. 

The lyricist of a song owns the copyright over the words of the music and the singer and instrumentalists own the performers’ rights under copyright laws, according to which they can reproduce, remix, re-use or permit the distribution of the recorded or live version of their performance of the music. 

What is a copyright infringement?

Under the Copyright Act, it is the copyright owner who enjoys among other ‘bundle of rights’, the right to derive financial benefits from the use of the creative work. So, any commercial use of a copyrighted work without the authorisation of the owner is illegal and counts for a copyright infringement. The law also prohibits unauthorised non-commercial use of a copyrighted work, except in the following situations known as ‘fair use’ conditions : 

1. For academic purposes like research and private study;
2. For critique or review;
3. For reporting current events or news;
4. For the purposes of any judicial proceeding;
5. For performance by a non-professional artist, if the performance is pro bono;
6. Recordings of any literary, dramatic or musical works, subject to certain conditions like religious purposes, private discussion and study for non-profitable purposes etc. 

Can copyrighted music not be played in public places?

Yes, they can, but only if the required permissions have been obtained. According to Section 30 of the Act, copyright owners can grant the licence to establishments such as restaurants, clubs, malls, radio stations etc. to play or broadcast their music. This licence is called public performance licence (PPL). Even non-commercial establishments like colleges, event halls need to acquire a PPL for playing music during concerts, shows, fests etc. while avoiding any copyright infringement. The conditions for licence for commercial and non-commercial use of music may vary. 

In the current Bombay High Court case, since SAI was conducting a commercial food festival, it would be necessary for them to obtain a commercial PPL from Phonographic Performance Limited to play any of the latter’s music during the festival. 

What is the punishment for copyright infringement?

Copyright infringement in India is a non-bailable and cognizable crime. It can be punished with jail time of up to 3 years and a fine of at least Rs. 50,000. The offender can be ordered to ‘cease and desist’ the use of copyrighted work. The police can also seize any copies of a work which have allegedly infringed on an owner’s copyright. 

Do we need to take a licence for playing music in all public places?

While most events necessitate a valid PPL to permit playing of copyrighted music, in July 2023, the Department of Promotion of Industry and Internal Trade (DPIIT) issued a notice that clarified that weddings including marriage processions and associated ceremonies come under religious purposes, which is exempted under the ‘fair use’ conditions of copyright law in India. 

So, a Bollywood playlist at a sangeet ceremony by friends and family without any monetary consideration will not attract a copyright strike but the same playlist at a college fest without a valid PPL can land you in jail.