Music license from Novex, a must for marriage or wedding functions

Several court rulings and circular issued by Ministry of Commerce and Industry has reinforced requirement for all kind of social events, including pre and post weddings, cocktail parties, bachelor’s party, mehendi, reception and or such social functions, to obtain a license from Novex Communications for playing copyrighted music from Yash Raj, Zee, and Tips and or popular music labels. This follows interpretation of Section 52(1)(za) of Copyright Act, tritionally exempting music use during “bona fide religiousceremonies,” only such as marriage processions.


Historically, this exemption allowed music only at bonafide religious ceremonies without a license. However, court judgments, including Novex Communications vs. Union of India (CWP No. 28758 of 2019), clarify that events with commercial elements—such as those in hotels, banquet halls, ground,  resorts etc. where vendors generate revenue—may not qualify. Novex Communications asserts that this exemption should strictly apply to non-commercial, religious settings; thus, events with revenue-generating services, where crores of rupees are earned by venue,   event managers, caterers and or entities by utilizing sound records of Novex , falls outside its scope.

 

High Court rulings, including those in Phonographic Performance Limited vs. State of Punjab (CWP No. 7772 of 2011) and Gujarat High Court’s SCA No. 9979 of 2009, underscore that commercialized events using copyrighted music must secure licenses. Ministry of Commerce and Industry h initially issued public notices suggesting that no license was necessary for marriage-related events. Recently, Ministry, following Punjab and Haryana High Court's decision, placed its July 24, 2023, public notice in abeyance, clarifying exemption's limitations for marriage-related events.

se legal clarifications urge all venues and event organizers to proactively obtain licenses for social events hosted in commercial settings, aligning with Novex’s compliance guidelines.