Executive Can't Exempt Use Of Copyrighted Sound Recordings In Marriage Functions, "Fair Use" To Be Decided In Facts Of Each Case: Punjab & Haryana HC

While quashing a public notice/letter exempting use of copyrighted sound recordings in marriage functions from liability, the Punjab and Haryana High Court recently held that the executive has no authority under the Copyright Act to clarify or interpret the applicability of the law through public notices. Justice Raj Mohan Singh was dealing with a challenge made against a public notice issued by the government interpreting the provision contained in Section 52 of the Copyright Act 1957 in a manner that utilization of any sound recording in the course of the religious ceremony including a marriage procession and other social festivities associated with marriage, does not amount to infringement of copyrights and hence no license is required to be obtained for the said purpose. Explanation.—For the purpose of this clause, religious ceremony includes a marriage procession and other social festivities associated with a marriage;] The court observed that such public notice is also violative of the Doctrine of Separation of Power as it would lead to the executive usurping the legislative power of enactment and the judicial power of interpretation. The court had observed as under: "The main thrust of Section 52 of the Copyright Act, 1957 is to exempt live performance of such works when there is no commercial purpose and when there is no admission charge and/or when admission proceeds are used exclusively for educational, religious or charitable purpose and not for private personal financial gain.