Case Number: Special Civil Application No. 9979 of 2009
Bench: K.S. Radhakrishnan, C.J. and Justice Anant S Dave
Court: Supreme Court of India
Decided on: 24/09/2009

Case Summery

The theory of presumed interference from the part of Police for alleged copyright violation over music during any Garba/Dandiya festival or Mahotsav, is not applicable as there is no violation of statutory or constitutional rights of the petitioner.

The ‘fair use’ doctrine defines that music recording to be heard in public or Garba and Dandiya dance performance in an enclosed room or hall for the common use of the residents in any residential premises as part of the amenities provided exclusively or mainly for residents therein would not amount to infringement of copyright. So also the activities of a club or similar organization which is not established or conducted for profit. Further, the performance of a literary dramatic or musical work by an amateur club or society, if the performance is given to a non-paying audience or for the benefit of a religious institution would not infringe copyright. So also in the case of Folk Music or public domain music. The Central Government State Government or any local authority can arrange the performance of a literary, dramatic or musical work, officially which will not amount to infringement of copyright or also in connection with a bonafide religious ceremony like Navratri Pooja, Arati etc. so also marriage procession or other social festivities associated with a marriage, would not amount to infringement of copy right.

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