In a significant development in the long-running copyright dispute, the Delhi High Court has passed an interim order in favor of music label Saregama India Ltd, restraining legendary composer Ilaiyaraaja from broadcasting or communicating songs from 134 films till further orders.
Delhi High Court stops Ilaiyaraaja from streaming songs from 134 films in copyright case filed by Saregama
The order was passed by Justice Thushar Rao Gedela, who found that Ilaiyaraaja retained rights over his original musical compositions, but those rights do not automatically extend to sound recordings included in cinematograph films. According to the court, the copyright in such sound recordings rests with the producer and, where assigned, with Saregama.
According to the court’s observations, Ilaiyaraaja’s rights under the Copyright Act are limited to the musical work, which refers to the composition independent of the lyrics and sound recording. The court held that these rights could not be interpreted as ownership over the entire film soundtrack.
The controversy arose when Saregama claimed that it had acquired copyright ownership through assignment agreements signed with the producers of several films between 1976 and 2001. The company argued that these agreements transferred rights in the underlying musical and literary works as well as sound recordings featured in those films.
Saregama further alleged that it recently discovered the songs being made available on several digital streaming platforms, including Amazon Music, Apple iTunes and JioSaavn, and claimed that Ilaiyaraaja also claimed ownership over the content available on these services.
While considering the matter, the High Court found that there was no dispute regarding telecast of the songs forming part of the films listed in the suit. The court held that, on a prima facie basis, such use appears to constitute copyright infringement in respect of the impugned sound recording.
The interim order applies to 134 films of Ilaiyaraaja’s celebrated career spanning several decades. Among the notable titles covered are Annakkili (1976), 16 Vayathinile (1977), Mullum Malarum (1978), Netrikkann (1981) and Raja Parvai (1981).
The case will now proceed before the Delhi High Court, where the copyright claims of both parties will be further examined before a final decision is reached.
