If you are stuck in such a situation, here is what to do.

Mr. Sharma is in the process of organizing a grand family wedding scheduled for this winter season. The celebrations are set to take place at a lavish hotel in the city of Chandpur and involve three main functions. However, he was taken aback when the hotel presented him with a substantial quote for music licenses from copyright societies like PPL and Novex. The hotel insisted these were mandatory for playing music at the events.

The quoted fees were broken down per event:

• Pre-wedding Ceremony (Lunch): For about 275 guests at a rooftop venue, the combined license fee quoted was approximately ₹2,50,000 plus GST.
• Music Night (Dinner): For the same number of guests in the hotel’s ballroom, the quote was around ₹2,15,000 plus GST.
• Wedding Reception (Dinner): For an increased guest count of 325 on the hotel lawn, the fee was quoted at nearly ₹2,60,000 plus GST.

Mr. Sharma was also informed that these prices could escalate if the number of guests increased further. This situation led him to question the legitimacy of these charges for a private family wedding, especially after learning about potential exemptions under Indian copyright law. He wondered if these fees were standard practice and whether there was a way to legally avoid such exorbitant costs.

Advice in such cases

Facing such a demand can be stressful, especially amidst wedding preparations. It’s crucial to handle it systematically.

• Understand the Law: The primary point of contention is whether a music license is required for a wedding. The Copyright Act, 1957, provides specific exemptions. Familiarize yourself with these provisions before engaging in any negotiation.
• Review Your Hotel Contract: Carefully examine the agreement you have signed with the hotel. Check for any clauses that explicitly state you are responsible for procuring and paying for music licenses. If the contract is silent on this, your position is stronger.
• Communicate in Writing: All your communications with the hotel management and the copyright agencies should be documented in writing, preferably via email. This creates a record of their demands and your responses.
• Do Not Pay Under Pressure: Avoid making any payments until you have complete clarity on your legal obligations. Hotels often pressure clients close to the event date, but acceding to an unjustified demand sets a wrong precedent.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The entire issue revolves around the interpretation of the Indian Copyright Act, 1957. The key provision is:

• Section 52(1)(za) of the Copyright Act, 1957: This section is a crucial exemption. It states that the performance of a literary, dramatic, or musical work or the communication of such a work or a sound recording to the public in the course of a bona fide religious ceremony or an official ceremony held by the Central Government, State Government, or any local authority does not constitute copyright infringement. The explanation to this section clarifies that a “religious ceremony” includes a marriage procession and other social festivities associated with a marriage.

This means that playing music as part of a wedding and its associated functions like a Sangeet, Haldi, or Reception is legally exempt from requiring a copyright license and paying a fee to societies like PPL or Novex. Several court judgments have upheld this interpretation, clarifying that these are not commercial events for the purpose of copyright law.

If you are the complainant

If you are the family being asked to pay these fees, you are the aggrieved party. Here is how you should proceed:

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Send a Formal Reply: Instruct your lawyer to send a formal reply to the hotel and the copyright societies. This letter should clearly state your position, citing Section 52(1)(za) of the Copyright Act, 1957, and affirming that no license is required for the wedding events.
• Negotiate with the Hotel: Inform the hotel management that their demand is not supported by law. Remind them that the event is a private family function and not a commercial one. If the hotel insists, it may be a breach of their service agreement.
• Stand Your Ground: Do not be intimidated by threats of legal action from the copyright societies. The law is on your side for a private wedding event.

If you are the victim

If you feel you are being victimized by exorbitant and legally questionable demands, here are the steps to protect yourself:

• Gather All Documents: Keep a file of the contract with the hotel, the written quotes for the licenses, and all email correspondence related to this issue.
• Understand Your Rights: The primary right you have is the exemption granted under Section 52(1)(za) for marriage-related festivities. You are not infringing on any copyright by playing music at your own wedding.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• File a Complaint: If the harassment continues, you can file a complaint with the consumer court against the hotel for deficiency in service or unfair trade practices.

How the police behave in such cases

This is a civil dispute, not a criminal one. The police have no jurisdiction or role to play in matters of copyright license fees for a private event. Copyright infringement can have civil and criminal remedies, but the exemption for marriage ceremonies under Section 52(1)(za) means no infringement has occurred. Any attempt by copyright societies to involve the police would be an abuse of process. If someone tries to disrupt the event by calling the police, you can show them your legal correspondence and explain that it is a civil matter being handled by your lawyer.

FAQs people normally have

• Are music licenses really needed for weddings in India?
  

  No. For a private wedding and its associated social functions (like Sangeet, Mehendi, Reception), Section 52(1)(za) of the Copyright Act, 1957, provides a clear exemption. You do not need to pay for licenses from PPL, Novex, or IPRS.

  
  
• Why do 5-star hotels insist on these licenses then?
  

  Hotels may do this for several reasons: they might be misinformed about the law, they may have agreements with copyright societies, or they may want to avoid any potential (though unlikely) legal conflict and simply pass the burden to the client. In some cases, they might even be earning a commission on these licenses.

  
  
• Does the DJ we hire need to have a license?
  

  This is a separate issue. A professional DJ, as part of their business, is generally required to have licenses to use music commercially. However, this is the DJ’s professional responsibility. The exemption under Section 52(1)(za) protects the event organizer (the family) from needing a license for the specific performance at the wedding ceremony.

  
  
• Can we be sued by the music companies if we don’t pay?
  

  While anyone can file a lawsuit, a suit against a family for playing music at a wedding would likely fail in court due to the clear exemption in the Copyright Act. It is mostly used as a pressure tactic.

  
  

What evidence is required?

To defend your position, the following evidence is crucial:

• The wedding invitation card to prove that the event is a bona fide marriage ceremony.
• The contract or booking agreement with the hotel.
• The written quotes and demands for license fees received from the hotel or copyright agencies.
• Copies of all email and written correspondence where you have disputed the charge, preferably citing the legal exemption.

How long will the investigation take?

Since this is not a police matter, there is no “investigation” in the criminal sense. The issue can be resolved quite quickly. Often, a strongly worded legal notice from a lawyer citing the correct provisions of law and relevant case precedents is enough to make the hotel and the licensing agencies back down. If they refuse and the matter has to be taken to court for a declaration or injunction, it can take longer, but the immediate goal is to ensure your wedding functions proceed without illegal interruptions or payments.

Advocate Sudhir Rao, Supreme Court of India