MARGAO: Goa’s hospitality sector has received clarity regarding the legal exemption for playing music at wedding ceremonies and related social events. Two prominent industry bodies—the Federation of Hotel & Restaurant Associations of India (FHRAI) and the Hotel and Restaurant Association Western India (H&RA)—have reiterated the validity of Section 52(1)(za) of the Copyright Act, 1957.
This provision exempts “a marriage procession and other social festivities associated with a marriage” from requiring music licences or paying royalties. The associations clarified that this exemption remains intact and has not been nullified by any court ruling.
The clarification comes after concerns arose from a recent Bombay High Court case regarding a Goa police circular. The associations emphasised that the court’s decision was limited to procedural matters and did not affect the Copyright Act exemption.
“The provision of law i.e., section-52(1)(za) of Copyright Act, 1957 is still intact and the exemption available to the members of public and or our guests is still valid and subsisting,” the H&RA circular affirmed.
The hotel bodies have advised their members to inform guests about the exemption and allow wedding events to be held without the need for music licences. They have also urged members to report any demands for licenses from copyright societies, so the matter can be appropriately contested in court.
The FHRAI circular provided further details on the legal background. It notes that the DPIIT had issued a public notice in 2023 informing the public about the existing exemption under Section 52(1)(za). While the DPIIT subsequently issued another notice in 2024 keeping the earlier one “under abeyance,” the associations assert that this did not actually introduce any new licensing requirements.
“The Government of India has not withdrawn or cancelled its earlier public notice, nor does the fresh public notice dated 07.11.2024 talks about any requirement of obtaining licences for a marriage and other social festivities associated with a marriage,” the FHRAI circular stated.
The hotel bodies have categorically rejected the claims made by some copyright societies that the exemption is no longer applicable. They have described these as a “misinformation campaign” aimed at misinterpreting the recent legal developments.
“If any copyright society or any agency seeks payment of amount for obtaining license for any such marriage procession and other social festivities associated with a marriage then the same would not be legal and would be in violation of Section 52(1)(za),” the FHRAI circular asserted.
Members have been advised to inform their guests about the availability of the exemption and extend the facility of holding wedding and related events without any license, after obtaining necessary proofs and undertakings. Hotels have also been urged to report any harassing demands from copyright societies to the associations, so they can take up the matter in court.
The FHRAI and H&RA statements come as a major relief for the hospitality industry in Goa, which was facing uncertainty regarding music licensing requirements for wedding celebrations, which would have significantly added to the overall costs of hosting a function given this additional licence.
