Delhi High Court Restrains Ilaiyaraaja from Broadcasting 134 Film Songs in Copyright Dispute
The Delhi High Court on Wednesday ruled in favour of music label Saregama India Ltd. in its copyright dispute with composer Ilaiyaraaja, restraining him from broadcasting or communicating songs from 134 films dating back to 1976, 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 films, the copyright of which vests with the producer, Saregama.
“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 court said.
Saregama had told the court that between 1976 and 2001 it entered into assignment agreements with producers of several cinematograph films. By virtue of these agreements, it claimed ownership of the copyrights in the sound recordings as well as the underlying musical and literary works of songs forming part of those films.
The company alleged that it recently came across infringing use of the copyrighted works by Ilaiyaraaja, who uploaded them on platforms like Amazon Music, iTunes, and JioSaavn. It also alleged that Ilaiyaraaja made ownership claims over the infringing content.
The court held that Ilaiyaraaja’s rights under the Copyright Act were confined to the musical compositions and that any exploitation of the disputed sound recordings would, prima facie, amount to copyright infringement.
“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 court added.
The order covers an extensive list of 134 films, including well-known titles such as Annakkili (1976), 16 Vayathiniley (1977), Mullum Malarum (1978), Netrikkann (1981), and Raaja Paarvai (1981).
