Delhi High Court Upholds Previous Ruling on Song Copyright
In a significant development, the Delhi High Court, on Tuesday, dismissed a review petition filed by renowned music composer Ilaiyaraaja concerning the copyright of the song ‘En Iniya Pon Nilave’ from the Tamil film ‘Moodu Pani’. The case, Ilaiyaraaja Vs Saregama, revolves around the ownership of the song’s lyrics and sound recording rights.
A Division Bench, comprising Justices C Hari Shankar and Om Prakash Shukla, reaffirmed their May 21 ruling that Ilaiyaraaja does not possess the copyright for the song’s lyrics and sound recording, although he retains rights to the musical composition or tune.
The Review Petition and Arguments
The review petition was filed after the court supported an interim order favoring Saregama, which claims the rights through an assignment from the song’s original producer. Ilaiyaraaja’s contention arose when Vels Film International used a recreated version of ‘En Iniya Pon Nilave’ in its film ‘Aghathiyaa’, claiming a license from him. Saregama opposed this, asserting their ownership rights.
During the hearing, Senior Advocate Swathi Sukumar, representing Ilaiyaraaja, argued that the Division Bench’s recognition of Ilaiyaraaja as the owner of the musical work contradicted the dismissal of his appeal. Sukumar highlighted the difficulty this posed, as the single-judge’s order seemingly restricted Ilaiyaraaja from utilizing his own musical work in other films.
Court’s Position and Legal Reasoning
The Bench remained unconvinced by the arguments, emphasizing that the scope for a review is limited and not intended for re-arguing the case. The judges reiterated their position that Ilaiyaraaja holds copyright only in the musical composition of the song, not in the lyrics or sound recording, aligning with the earlier judgment.
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Senior Advocates Akhil Sibal and J Sai Deepak, representing Saregama, contended Ilaiyaraaja’s case was based on a non-existent injunction. They clarified that the single-judge allowed Vels to use the song with the condition of depositing ₹30 lakhs with the Registrar General, a condition yet unmet.
Court’s Conclusion and Legal Implications
Ultimately, the court held that the Division Bench’s judgment did not extend beyond the single-judge’s findings. The court also elaborated on the Copyright Act’s definition of a ‘cinematograph film’, which includes sound recordings as part of the film. Therefore, Ilaiyaraaja was deemed unable to license the song’s sound recording or lyrical components to third parties, including Vels.
In conclusion, the court saw no grounds to alter its prior judgment and dismissed the review petition. Ilaiyaraaja’s legal team included advocates Naveen Nagarjuna, Ritik Raghuwanshi, Rishik Agarwal, and Shardula Murthy, while Saregama was represented by advocates Ankur Sangal, Ankit Arvind, Shaswat Rakshit, and Rishab Rao from Khaitan & Co.
