Mumbai: The Delhi High Court has ruled in favour of Saregama India Limited in its copyright dispute with Ilaiyaraaja, restraining the celebrated composer from broadcasting or communicating songs from 134 films dating between 1976 and 2001 until further orders.
Justice Tushar Rao Gedela held that while Ilaiyaraaja continues to enjoy copyright over the musical compositions he created, those rights do not extend to the sound recordings incorporated in the films, the copyright of which vests with the producer and has been assigned to Saregama.
In its order, the Court observed, “The right of the defendant/Ilaiyaraaja to the extent conferred by Section 14(a) of the (Copyright) Act of the right to adaptation is limited to the extent of ‘musical work’, that is, the musical composition of the songs claimed to have been infringed, sans the lyrics.”
The dispute arose after Saregama contended that it had entered into assignment agreements with producers of several cinematograph films between 1976 and 2001, granting it ownership of the copyrights in the sound recordings as well as the underlying musical and literary works forming part of those films.
According to the company, it discovered that Ilaiyaraaja had allegedly uploaded the disputed works on multiple digital streaming platforms, including Amazon Music, iTunes and JioSaavn, while also claiming ownership over the content.
The High Court held that Ilaiyaraaja’s rights under the Copyright Act are confined to the musical compositions and that any exploitation of the disputed sound recordings would, prima facie, amount to copyright infringement.
The Court further stated, “Since there is no denial to the broadcasting of songs which are subject matter of the suit referred cinematograph films, the defendant/Ilaiyaraaja, prima facie, appears to be indulging in acts which would tantamount to infringement.”
The interim order restrains Ilaiyaraaja from broadcasting or communicating the disputed sound recordings from 134 films, including popular titles such as Annakkili, 16 Vayathiniley, Mullum Malarum, Netrikkann and Raaja Paarvai, pending further proceedings in the matter.
