By Nitika Sinha and Nieharika Sharma
Introduction
The case of Canvas Communication vs. Phonographic Performance Limited revolves around the complexities in copyright laws in cultural events. This case highlights the obligations of event organizers to obtain proper licenses for using copyrighted music in public performances and also discusses about the exemptions given in the Copyright Act. Plaintiff is a wedding/event planning organization/firm which wanted to seek clarity on whether a license is required to be obtained for playing music at a wedding ceremony, and other wedding related events such as sangeet and cocktail parties. This case, once decided, could help settle the interpretation of Section 52(1)(za) of the Copyright Act which carves out “performance/utilization of sound recordings at marriage processions and other social festivities associated with a marriage” as an exception to copyright infringement.
FACTS OF THE CASE
The plaintiff (Canvas Communications) filed an a suit seeking a decree of declaration that, the utilization/public performance of the defendant’s sound recordings as a part of wedding related events do not amount to infringement. Prior to filing the suit, the plaintiff applied for a NOC for playing several popular songs at a wedding ceremony, and pre and post wedding related events to which the defendants refused. At the time of arguments, the Plaintiff relied on the DPIIT’s[1] notification dated 24th July, 2023 which stated that ‘playing music in wedding functions does not amount to copyright infringement’. Plaintiff stated that the scope of notification not only extends to the marriage procession/wedding event, but is also applicable to pre and post wedding events. The dispute revolved around Section 52(1) (za) of the Copyright Act, which allows the use of copyrighted works in “spiritual ceremonies”, but the question was whether it extends to wedding functions, together with other related functions.
The defence relied on the case of Novex Communications Private Limited v. Union of India and Anr. dated 19th May, 2022 wherein the Hon’ble High Court of Punjab and Haryana had quashed a similarly worded notification dated 27th August, 2019 issued by the DPIIT. It was further argued that only the solemnization of the marriage will be considered as “bona fide religious ceremony” and not other wedding related events.
ISSUES
- Is a license required for playing music during wedding ceremonies, including other related events i.e., sangeet and cocktail parties?
- The applicability and scope of Section 52(1) (za) of the Copyright Act to wedding ceremonies.
Court’s Observation
The Hon’ble Court, did not give any findings on the merits of the dispute, and instead, focused more on balancing rights of the parties which further reflected an extra mindful take by taking pro tem measure.
Court’s Decision
As the plaintiff pressed for playing the copyrighted sound recordings, as a pro-tem measure, the Delhi High Court ordered the plaintiff to deposit the license fee of INR 1,00,000 (Rs.50,000/- each for two events) for playing PPL’s repertoire of songs.
CONCLUSION
This case is a reminder that copyright is not merely a legal technicality but a cornerstone of protecting creative efforts in the entertainment industry. The Court’s decision in such matters is still pending. In a similar case i.e., Phonographic Performance Limited vs. Lookpart Exhibitions And Events Private Limited[2], the issue of copyright infringement pertaining to the use of songs at marriage ceremonies without obtaining a license was nearly decided. However, the parties involved resolved the dispute amicably, and consequently, no judgment was rendered. The case highlights the obligation to obtain licenses for public performance of copyrighted works.
[1] Department for Promotion of Industry and Internal Trade
[2] CS(COMM) 188/2022.