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The popular song, “Dilwale Dulhaniya Le Jayenge” [the copyright of the sound recording is owned by Yash Raj Films] is played through loudspeaker in a marriage party hall and also during the marriage…

Question and options

The popular song, “Dilwale Dulhaniya Le Jayenge” [the copyright of the sound recording is owned by Yash Raj Films] is played through loudspeaker in a marriage party hall and also during the marriage procession without any permission from Yash Raj Films. Yash Raj Films sues the party organiser for copyright infringement. Which of the following is correct?
  1. The party organisers are liable for copyright infringement under section 51(a)(i) of the Copyright Act, 1957
  2. The party organisers are not liable for copyright infringement under section 52(1) (zc)
  3. The party organisers are not liable for copyright infringement under section 52(1) (za)
  4. The party organisers are not liable for copyright infringement under section 52(1) (zb)

Answer and explanation

Correct answer: C - The party organisers are not liable for copyright infringement under section 52(1) (za)
Section 52(1)(za) exempts the performance of a literary, dramatic or musical work or communication of a sound recording in the course of a bona fide religious ceremony, including a marriage procession and other social festivities associated with a marriage. So the organisers are not liable.

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