PANJIM: In a major development, the Goa Home Department has issued a circular stating that there is no requirement to obtain copyright permission for the performance of musical works at religious ceremonies/wedding/social festivals.
The department directed the police not to cause undue harassment to the public and warned of taking action against hotels that demand such licences too.
The circular was issued by Vivek Naik, Under Secretary (Home-I), with approval of the Competent Authority to the Director General of Police (DGP) and the Directors of the Tourism Department and the Department of Art and Culture.
“Several complaints have been received stating that in respect of religious ceremonies including marriage/wedding festivities, there is an insistence by certain organisations/hotels to get permission from copyright societies for the performance of musical works, communication to the public sound recordings, etc. In this regard, the Public Notice of Government of India dated 24.07.2023 issued by the Ministry of Commerce and Industry is very clear, which states that such performances of musical works, etc, at religious ceremonies, including weddings do not amount to a violation of the Copyright Act 1957,” reads the circular.
“Insistence upon such permissions/NOCs from copyright societies is in violation of section 52(1) (za) of Copyright Act 1957 and is adversely affecting not only the citizens but also the economic/tourism activities in the State,” said the Under Secretary (Home-I).
“It is therefore clarified that no hotel or any copyright society shall insist upon any permission/NOCs for performance of musical works or other musical and other social festivities associated with marriage. All concerned have to act in terms of the Public Notice of Government of India dated July 24, 2023, issued by the Ministry of Commerce and Industry,” said Naik.
“The police staff has to be therefore sensitised about the above-said provision of law so that no undue harassment is caused to the general public. Also, the field units have to be instructed to take strict action against any hotel or copyright society raising such illegal demands of royalties/any fees for the performance of musical works or other musical recordings at religious ceremonies/festivals including weddings/marriage events and other social festivities associated with marriage,” the circular concluded.
Reacting to the development, Goa Entertainment Association (GEA) vice president Claudio Tellis welcomed the circular as it ended this practice of demanding copyright permission.
He said there were some hotels tied up with copyright licence authorities, who were until now still insisting that the copyright licence be obtained first or else the police would be called to stop the party.
Tellis explained that the onus for getting the copyright licence was not on the musicians but on the clients who were booking the hotel venue for a function.
Tellis pointed out that local venues were not targeted but that this used to occur mainly in hotels and it appeared that those who were insisting that such licenses be obtained were doing so to try and earn more money from the clients who would be booking the hotels for functions like wedding and had already spend a high amount on that function.
He said this order was there from the Central government earlier but for some reason, the perception was being given by some establishments that it was still prevalent and this would cause anguish to the clients who were intimidated with the threat of the police stopping the music at the event.