As India eagerly awaits the Deepawali festivities, another major celebration is poised to follow closely: the Great Indian Wedding season. Between November and mid-December alone, an estimated 35 lakh weddings are anticipated across India, driving cumulative spending to an extraordinary ₹4.25 lakh crore. 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 been engaged in a prolonged struggle to secure their rightful royalties, a fight upheld by numerous court rulings that validate their claims. Yet, despite these favorable judgments, artists continue to encounter resistance, especially when it comes to receiving payment for music played at various wedding events.
However, we are seeing winds of change, and the event management industry slowly accepting the situation. This shift was evidenced at a recently organized wedding federation fest (ICWF), where the honorable president of the Event and Entertainment Management Association (EEMA), Shri Samit Garg, addressed the fraternity, emphasizing that they must begin obtaining proper licenses for music played at pre- and post-wedding functions. Such statements reflect a growing recognition of the rights of musical artists within the industry.
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.”
The Disparity in Wedding Expenditures vs. Royalties
This issue becomes even more pressing as luxury weddings at high-end venues become increasingly common. Weddings hosted at five-star hotels with expansive guest lists often entail expenses ranging from ₹60 lakh to ₹75 lakh or more. Yet, even among those willing to lavishly spend on decor, food, and entertainment, there is often a reluctance to pay less than 1% of these costs to legally obtain music licenses. The situation is further complicated by individuals posing as licensing agents or hotel staff who exploit ambiguities in the law to profit from clients by misrepresenting outdated public notices. These notices have since been invalidated, but misinformation persists, misleading clients into non-compliance.
Misrepresentation and Court Intervention
In addressing this, the Hon’ble Punjab and Haryana High Court observed that certain “notorious elements” misuse these notices to enrich themselves by playing sound recordings for commercial gain in event spaces. Additionally, the court pointed out that such notices violate the doctrine of separation of powers, effectively encroaching upon the legislature’s domain. The court underscored that any restrictions on music licensing must be enacted through proper legislative or central authorities, with such restrictions being enacted by passing a law in the state assembly or central parliament, and no misinterpretation of such notices should be permitted.
A Call for Compliance: Ensuring Fair Pay for Artists
The Hon’ble Bombay High Court further emphasized the need to assess each instance of copyright infringement on a case-by-case basis, underscoring that copyright issues surrounding wedding functions are subject to judicial scrutiny. For musical artists and their representative organizations, this judicial guidance provides hope and a reminder to wedding organizers that compliance with music licensing laws is essential. The intent is not to dampen the festive spirit but to ensure that artists—who contribute significantly to the wedding experience—are duly compensated.
As the Great Indian Wedding season approaches, this article urges all stakeholders to play music legally, honoring the contribution of musical artists and ensuring a just and joyous celebration for all.
