Exceptions for Performance and Broadcasting

In one line

Music in a housing society's common room, a play by an amateur club for a free audience, a song at a wedding and a broadcaster's own working recording are all outside infringement.

In the wording a student can write in an exam: clauses (k), (l), (z) and (za) of section 52(1) of the Copyright Act, 1957 take out of infringement the causing of a recording to be heard in public in a residential common room or as part of the activities of a non-profit club, the performance of a literary, dramatic or musical work by an amateur club or society to a non-paying audience or for the benefit of a religious institution, the making and archival retention of an ephemeral recording by a broadcasting organisation, and performance or communication in the course of a bona fide religious ceremony or an official ceremony.

Why the law has this at all

Because not every audience is a market. A residents' association playing music in a common room, a college society staging a play, a family playing songs at a wedding: none of these is a use the owner would have licensed.

Because broadcasting has a technical need. A station cannot transmit live from a studio every time; it records what it has the right to broadcast and plays the recording out.

And because religious and official ceremonies are a special case in Indian conditions. A wedding in India is a public event with music, and the 2012 amendment said so expressly.

Residential and club use: clause (k)

The text. "The causing of a recording to be heard in public by utilising it, (i) in an enclosed room or hall meant for the common use of residents in any residential premises (not being a hotel or similar commercial establishment) as part of the amenities provided exclusively or mainly for residents therein; or (ii) as part of the activities of a club or similar organisation which is not established or conducted for profit."

Limb (i), residential premises. An enclosed room or hall for the common use of residents, as part of the amenities provided exclusively or mainly for them. Hotels and similar commercial establishments are excluded by name.

Limb (ii), non-profit clubs. As part of the activities of a club or similar organisation not established or conducted for profit.

Notice what it covers. Only "a recording", so a sound recording, and only causing it to be heard in public. It does not cover a live performance, which is clause (l), and it does not cover a film.

And notice the hotel exclusion. It matches the Explanation to section 2(ff), which makes communication to residential rooms of a hotel or hostel a communication to the public. Hotels pay; housing societies do not.