New Delhi: The Delhi high court has sought an expert’s assistance in the interpretation of section 52(1)(za) of the Copyright Act, 1957 to the extent of fair use of sound recordings in marriage ceremonies and weddings.The court has appointed Arul George Scaria, associate professor of law and co-director, Centre for Innovation, IP and Competition at National law University, Delhi, to assist in this case. According to LiveLaw, the bench of Justice Pratibha M. Singh said the issue raised would have large scale implications for artists such as lyricists, music composers, singers, sound recording producers and owners. She added that it would also have a significant impact on entities involved in the organisation and management of weddings and other social events.The court made these observations while dealing with a suit filed by Phonographic Performance Limited, a British copyright collective that licenses different sets of rights in the use of music. The suit was filed against Lookpart Exhibitions and Events Private Ltd., an event management company that provides various services, including DJ for weddings.The copyright collective said in its suit that the event management company had refused to obtain a license despite correspondence having been addressed to the firm, the report said.The event management firm argued while explaining Section 52(1)(u)(za) of the Act that says when music is played for the purposes of marriage ceremonies or other social events related to marriage, no licence is required. to play sound recordings.Also read: In Bollywood’s Battle Against Piracy, a Neutral Ombudsman Might Be the AnswerAccording to Section 52(1)(u)(za) of the Copyright Act, 1957, the following act shall not constitute an infringement of copyright, “The performance of a literary, dramatic or musical work or the communication to the public of such work or of a sound recording in the course of any bona fide religious ceremony or an official ceremony held by the Central government or the state government or any local authority. Explanation.—For the purpose of this clause, religious ceremony including a marriage procession and other social festivities associated with a marriage.]”The court has directed the expert to file a written note of submissions on the issue, asking him to also consider the legislative history of the provision and cite relevant case law, from India and abroad on the question of fair use and fair dealing of sound recordings.The case will be next heard on July 6.In October 2021, a similar issue was raised by the Hotel and Restaurant Association of Western India (HRAWI), which had initiated a campaign to raise awareness on the copyright issues faced by hospitality establishments.“Wedding season is a right and lack of awareness amongst industry people, guests and the law enforcement agencies on the subject will be misused by the copyright agencies to extort money. The law is clear that wedding venues do not require to obtain a license for playing any musical or soundtracks for marriage and the related social or religious functions held at the venues,” Sherry Bhatia, president, HRAWI, had told the Times of India.HRAWI has cited the notification dated August 27, 2019, issued by the Ministry of Commerce and Industry, notifying that all religious and marriage-related functions shall be exempted from payment of copyright charges.