Amid the grandeur of the Great Indian Wedding season, musical artists often remain overlooked, denied rightful royalties despite their vital role. Legal compliance with music licensing laws is essential to ensure fairness, respect, and sustainability in celebrations.
Introduction
As the glow of Deepawali faded, India seamlessly embraced another grand celebration: the Great Indian Wedding season. Between November and mid-December alone, an estimated 48 lakh weddings are anticipated across India, driving cumulative spending to an extraordinary ₹6 lakh crore[1]. This season, with its lavish events and splendor, brings together a diverse range of stakeholders, all contributing to ensure that each wedding proceeds without a hitch. However, amid the grandeur, one key stakeholder is unfortunately sidelined, expected to work in silence while others bask in the festive cheer: the musical artist.
For decades, musical artists and performance rights organizations have fought a persistent battle to secure their rightful royalties, bolstered by multiple court rulings that affirm their claims. While these legal victories are significant milestones, they have not fully resolved the issue. Artists still face substantial challenges, particularly in obtaining compensation for their contributions during wedding events. Wedding planners and event organizers often overlook the importance of music or fail to acknowledge its intrinsic value, neglecting to acquire proper licenses or compensate the creators. This disregard leaves artists uncompensated for their critical role in crafting the joyous atmosphere that defines such celebrations. Addressing this imbalance is essential to ensure fairness and sustain the creativity that enriches these treasured moments.
However, winds of change are gradually sweeping through the event management industry as awareness grows around this issue. A significant development was witnessed at the recently organized Indian Wedding Federation Fest (ICWF), where Shri Samit Garg, President of the Event and Entertainment Management Association (EEMA), addressed the industry[2]. He urged event professionals to obtain proper licenses for music played at pre- and post-wedding functions, stressing the importance of adhering to copyright laws. Such statements reflect a growing recognition of the rights of musical artists and the need for compliance within the industry.
This shift is a promising step toward fostering an equitable environment where artists are acknowledged and compensated. By respecting music licensing laws, the industry ensures a sustainable and ethical foundation for celebrations that cherish creativity.
Legal Clarifications: Marital vs. Pre- and Post-Wedding Events
Courts across India have consistently clarified the legal rights surrounding musical performances at weddings. A distinction has been drawn between traditional marriage rituals and the ancillary pre- and post-wedding events—like cocktail parties, pool parties, sangeet ceremonies, and receptions—that have become intrinsic to modern wedding celebrations. For example, in CWP No. 7772 of 2011, the Hon’ble Punjab and Haryana High Court explicitly stated that the marriage ceremony itself is distinct from functions related to it. According to the court, “It is not as if a DJ’s performance amounts to conducting the marriage. Marriage is definitely different from the functions connected to the marriage, and the tariff regime applies to performances at such functions even if they carry a religious overtone.”[3]
The Disparity in Wedding Expenditures vs. Royalties
This issue becomes even more pressing as luxury weddings at high-end venues become increasingly common, with some events hosted at five-star hotels and expansive venues. These weddings, often featuring large guest lists, can incur costs ranging from ₹60 lakh to ₹75 lakh or more. Despite the willingness to splurge on extravagant decor, food, and entertainment, many are reluctant to allocate even 1% of the overall budget to legally obtain music licenses. The situation is further exacerbated by individuals posing as licensing agents or hotel staff who exploit gaps in the law. These individuals often mislead clients by referencing outdated public notices, which have long been invalidated. Despite their obsolescence, such misinformation continues to circulate, leaving clients unaware of the legal requirements and in violation of copyright regulations. This not only puts the wedding organizers at risk but also deprives musicians and artists of their rightful compensation.
Misrepresentation and Court Intervention
In addressing this issue, the Hon’ble Punjab and Haryana High Court took a strong stance, noting that certain “notorious elements” exploit sound recording notices for personal financial gain by playing pre-recorded music in event spaces without proper licensing. The court pointed out that this practice not only undermines the legal framework but also results in significant revenue loss for rightful music creators and performers. Furthermore, the court emphasized that the issuance of such notices violates the principle of separation of powers, as it encroaches upon the legislative function. The bench stressed that any restrictions or controls over music licensing should be carried out through established legislative processes, either by passing a relevant law in the state assembly or by the central parliament. It firmly stated that misinterpretations or misuse of these notices should not be tolerated, as they bypass the legal channels designed to protect both artists’ rights and the integrity of the music industry. The court called for a more structured and transparent approach to regulate music usage in commercial and public events.
A Call for Compliance: Ensuring Fair Pay for Artists
The Hon’ble Bombay High Court[4] has emphasized the need to assess copyright infringement at wedding functions on a case-by-case basis, bringing much-needed judicial scrutiny to these celebratory events. This guidance offers hope to musical artists and their representative organizations, highlighting the importance of enforcing music licensing laws. Wedding organizers must recognize that compliance is not meant to dampen festivities but to ensure fairness. Musical artists, who play a pivotal role in enhancing the wedding experience, deserve rightful compensation for their work. Protecting their rights enriches the celebration while promoting respect for creative contributions.
As the Great Indian Wedding season approaches, it is essential for all stakeholders to recognize the significance of playing music legally. Musical artists bring life and emotion to wedding celebrations, and their contributions deserve respect and rightful compensation. By obtaining proper licenses for music used during pre- and post-wedding functions, organizers can ensure compliance with copyright laws while supporting the livelihoods of artists. Legal music usage not only upholds the integrity of these vibrant festivities but also fosters a fair and joyous celebration for everyone involved, blending tradition with ethical practices.
Disclaimer: Authored by Mr. Miket Kanakia, the esteemed Director of Novex Communications Pvt. Ltd., who passionately advocates copyright piracy awareness in India. Over the past 12 years, he has relentlessly championed this cause, bringing significant attention to the issue and driving impactful change.
[1] After Diwali, traders’ focus shifts to the wedding season 48 lakh weddings in November-December 2024 expected to generate business worth ₹6 lakh crore Delhi alone is projected to see 4.5 lakh weddings, contributing to a ₹1.5 lakh crore business - CAIT
[2] https://www.aninews.in/news/business/international-convention-of-the-wedding-fraternity-icwf-returns-to-jaipur-for-its-10th-edition-in-september-202420240905121418/
[3] M/S Phonographic Performance Limited v. State Of Punjab Through Secretary, CWP No. 7772 of 2011, para 8.
[4] Phonographic Performance Limited v. State of Goa, WRIT PETITION NO. 253 OF 2024, Para 37.
