Wedding Bands: Copyrighted Songs Legal?

Playing copyrighted songs at a wedding without the appropriate license is considered a violation of the owner's work. However, this doesn't stop many people from doing it, and the consequences are not always clear. In some cases, people have been threatened with legal action, while others have had their content removed or blocked.

To play music/pre-recorded songs at events, one needs to obtain a license at a particular tariff from the relevant Performing Rights Society. In the US, this is ASCAP, BMI, and SESAC, while in the UK, it is PRS and PPL.

Copyright law and its limits

Copyright law exists to protect the intellectual rights of creators and artists, but the scope of the law is limited. The intention behind the exemptions is to enable individuals to use and appreciate existing works.

In the US, the Copyright Act of 1976 allows for compulsory licenses and fair use. The doctrine of fair use holds that certain uses of copyrighted works do not infringe on the rights of the copyright holder. Fair use is usually invoked for criticism, comment, news reporting, and education. There are four main points to consider when determining fair use:

• The purpose and character of the use
• The nature of the copyrighted work
• The amount and substantiality of the work being used
• The effect of the use on the potential market value of the work

In India, the Copyright Act, 1957, states that playing pre-recorded sound recordings during marriage ceremonies is considered a violation of the copyright owner's work. However, there are exemptions where the infringement may be considered innocent, such as when the performance is part of a religious or official ceremony.

With regards to wedding bands, the issue of copyright infringement can be complex. In general, using copyrighted music without permission is considered a violation. However, there may be certain exceptions, such as fair use, that could apply in specific cases. For example, if a wedding band is performing a cover song for criticism, comment, news reporting, or educational purposes, it may fall under fair use. Additionally, the specific country's copyright laws would need to be considered, as they may have different provisions and exemptions.

It is important to note that the information provided here is general and that specific legal advice should be sought for individual cases.

Religious ceremonies and copyright

The use of copyrighted music during religious ceremonies, including weddings, has been a subject of debate and clarification. In India, the Copyright Act, 1957, under Section 51 (a) (i), states that playing pre-recorded sound recordings during these ceremonies without a license from the owner or the Registrar of Copyrights is considered a violation of the copyright owner's exclusive rights.

However, under Section 52 (1) (za) of the same Act, it is clarified that the performance of literary, dramatic, or musical works during bona fide religious ceremonies or official ceremonies held by the government or local authorities does not constitute copyright infringement. This section specifically mentions that religious ceremonies include marriage processions and other social festivities associated with marriages.

The Delhi High Court considered a case involving a copyright collective and an event management company providing DJ services at weddings. The court appointed an expert, Dr. Arul Scaria, to prepare a comprehensive report on the issue. Dr. Scaria's report informed the court that using music as part of marriage ceremonies and associated festivities is an instance where a broader interpretation of the provision is necessary for the wider social benefit. This interpretation aims to strike a balance between the rights of copyright owners and the rights of users/society in utilising those works.

While the use of copyrighted music during religious ceremonies, including weddings, is generally exempt from infringement under Section 52 (1) (za), there is still some ambiguity regarding the use of such music in commercial establishments like hotels and banquet halls. The Copyright Office's public notice clarifies that no license is required for using sound recordings for marriages and related functions under Section 52. However, it does not address whether this exemption extends to ceremonies held in hotels or commercial venues, which are typically run for profit.

To summarise, the use of copyrighted music during religious ceremonies, including weddings, is generally allowed under specific provisions in the Copyright Act, 1957, particularly Section 52 (1) (za). However, the application of this exemption in commercial venues may require further clarification from the government.

Licensing famous songs

If you want to use a famous song in your wedding video, you will need to obtain a music license. Music licenses are one of the most important revenue streams for known artists, as they allow others to use their copyrighted material. These written agreements include the cost of the license and the rights of use that will determine how the song can be used.

There are currently seven types of music licenses, and you will need to buy one or several of them depending on the purpose for which you want to use the song. The synchronization license, for example, refers to the musical concession for audiovisual media, while the master license gives authorization to use the song in audiovisual projects. The public communication license allows you to publicly expose the work, and the reproduction license enables the song to be reproduced through any media. The distribution license authorizes other companies to commercialize the song, and the print rights license refers to the physical copy of the score. Lastly, the theatrical license is necessary to perform a copyrighted musical work on stage in front of an audience.

To obtain the necessary licenses for your wedding video, you will generally need to purchase the synchronization license and the master license. The synchronization license gives you the rights to the written song, which belong to the composer, lyricist, and/or music editor. The master license gives you the rights to the particular recording, whose owners are the record label and the interpreter(s) of the song.

To get started, you should first identify the copyright owner of the song, which is usually the artist or the record company. You can then contact them via email or regular mail to inquire about the requirements and cost of the licenses. It is important to provide as much detail as possible about your intended use of the song, including the usage media, purpose, and expected number of views. Keep in mind that the cost of licensing a famous song can vary, but it can be quite expensive, ranging from a few thousand dollars to several thousand dollars or more.

If you are unable or unwilling to obtain the necessary licenses, there are alternative options available. You can use platforms like SoundFreedom, which offer pre-authorized sync licenses from major record labels, or you can explore royalty-free music platforms such as Epidemic Sound, Envato Elements, Audiojungle, and Artlist. These platforms provide premium music from independent artists at more affordable prices, often through subscription-based models.

The cost of licensing famous songs

There are seven types of licenses available: sync, master, public communication, reproduction, distribution, print rights, and theatrical. To use a famous song, you typically need both the sync license and the master license. The sync license refers to the musical concession for audiovisual media, while the master license authorizes the use of the original master recording in audiovisual projects.

The cost of licensing a song by a small independent artist could be between $50 and $150. However, licensing famous songs by top artists can cost several thousand dollars. Some licenses may also include a percentage of the revenue generated through the license. Additionally, there may be charges per second for the use of the song.

For example, the song "Thunderstruck" by AC/DC is reportedly one of the most expensive songs to license. The producers of the movie "Varsity Blues" paid $500,000 to use the song in 1999.

It is important to note that the process of obtaining permission to use a famous song can be time-consuming and challenging, and there is no standardized way to obtain a license. It is essential to identify the copyright owner, which is usually the record label, and negotiate the terms and cost of the license.

As an alternative to licensing famous songs, some online platforms offer licenses for famous songs or versions of them. These platforms, such as Easy Song and Lickd, can provide an easier and more affordable option for individuals or businesses looking to legally use popular music.

Alternatives to licensing famous songs

Licensing famous songs for your wedding can be a long, time-consuming, and expensive process. Here are some alternatives to consider:

• Use platforms that license famous music: FyrFly-SongFreedom, for example, is a company that acquires, collects, and provides sync licenses for famous music from major record labels. This can simplify the process and make it more affordable.
• Use royalty-free music platforms: There are several platforms that offer premium music from independent artists, such as Epidemic Sound, Envato Elements, Audiojungle, Artlist, Premium Beat, Shutterstock Music, and TunePocket. These platforms typically offer monthly or annual subscriptions, which can be more cost-effective than licensing famous songs.
• Hire your own musicians: Instead of licensing famous songs, you can hire musicians to create original music for your wedding. This way, you can negotiate all the necessary music license rights directly with the musicians.
• Use public domain music: You can also consider using music that is in the public domain, which means it is not protected by copyright and can be used without a license. However, this option may be limited in terms of song choices.
• Consider the type of license you need: Depending on how you plan to use the music, you may not need a full license. For example, if you are only using the music for a personal wedding video and not for promotional purposes, you may not need a commercial license.

Frequently asked questions