License from copyright owners to play music at weddings: Delhi High Court appoints NLUD faculty for expert opinion

The Delhi High Court has appointed Dr. Arul George Scaria, Associate Professor of Law at National Law University, Delhi, as an expert to help it adjudicate whether a license needs to be obtained from copyright owners for playing music at weddings and other social events..Justice Prathiba M Singh said in her order that in the Indian context, music is an integral part of any wedding, and therefore, the matter will have large scale implications for lyricists, music composers, singers and sound recording producers.“This Court is of the opinion that, in the Indian context, music is an integral part of any wedding or marriage ceremony. The kind of music played typically ranges from devotional or spiritual music for the purposes of the marriage ceremony to popular music in various languages. Apart from the actual marriage ceremony itself, there are other ceremonies such as tilak, sagan, cocktail parties, dinner, mehndi, sangeet, etc., which have become an integral part of the wedding festivities. In all such ceremonies also music is played,” Justice Singh said..Scaria is the co-Director of the Centre for Innovation, IP and Competition at NLU Delhi.He has been asked to file a written note of submissions on the issue raised. He has also been asked to consider the legislative history of Section 52(1)(za) of the Copyright Act, 1957 and cite the relevant case law, from India and abroad on the question of fair use and fair dealing.Section 52(1)(za) effectively provides that the performance of literary, dramatic or musical work or its communication to the public for any bona fide religious ceremony or official work by the Central, State or any local authority would not constitute infringement of a copyright.The Section adds that the religious ceremony would include a marriage procession and other social activities associated with marriage..The Court was dealing with a suit by the Phonographic Performance Limited (PPL) against an event management company named Lookpart Exhibitions and Events. While PPL is engaged in the business of issuance of licenses for public performance/communication of sound recordings, Lookpart provides various event management services, including DJ services for various social events, such as weddings.It was argued that the defendant is using sound recordings and music over which PPL has rights, without obtaining any licenses. Lookpart, however, said that the use of music at social events like weddings is deemed to be fair use, and hence, no licence would be required.The Court will now consider the matter on July 6..Senior Advocate Akhil Sibal, along with Advocates Ankur Sangal, Suchita Roy and Trisha Nag appeared for PPL. Lookpart was represented by Advocates Rajat Manchanda and Tanya Singh..[Read Order]