Circular of Goa Government that performance of musical works at ceremonies does not violate Copyright Act is illegal

The Petitioner has public performance rights of 400+ music labels, with more than 40 lakh international & domestic sound recordings.   The petitioner is the copyright owner of the pubic performance rights.  The petitioner company is a registered copyright society under Section 33 of the Copyright Act The petitioner is exclusively entitled to grant licenses for communication to the public.

By the Circular dated 30.1.2014 of the Respondent No.1 State of Goa to the Director General of Police, Goa, that the performance of musical works at religious ceremonies including weddings does not amount to violation of the Copyright Act, 1957.   Insistence on permission or NOCs from copyright societies is in violation of Section 52(1)(za) of the Copyright Act.   This was as per the Public Notice dated 24.7.2023 of the Government of India.

HELD that the object of the Copyright Act is to protect the author of the copyright work from unlawful production or exploitation of his work by others without consent.  Thus, the issue of copyright is closely connected to that of commercial viability, commercial consequences, and implications.  The impugned Circular puts fetters on copyright societies on their rights under the Copyright Act and interferes with the mechanisms of said Act in exercise of enforcing their rights.

Judgment dated 13.8.2024 of the High Court of Bombay at Goa in Writ Petition No.253 of 2024 of Phonographic Performance Limited  Vs. State of Goa and others with connected writ petition of Sonotek Cassettes Company