The Delhi High Court has ruled that renowned music composer Ilaiyaraaja does not hold copyright over the lyrics or sound recording of the classic Tamil song ‘En Iniya Pon Nilave’. This decision was made by a Division Bench comprising Justices C Hari Shankar and Om Prakash Shukla, who upheld a previous order in favor of Saregama India Limited in a copyright dispute related to the song’s proposed recreation for the Tamil film ‘Aghathiyaa’.
Legal Interpretation of the Copyright Act
The Court clarified the scope of ‘musical work’ as defined under Section 2(p) of the Copyright Act. It emphasized that ‘musical work’ pertains solely to the musical composition, excluding lyrics and sound recordings. Consequently, the Court concluded that Ilaiyaraaja, as the composer of ‘En Iniya Pon Nilave’, does not possess copyright over the song’s sound recording or its lyrics.
Copyright in Cinematograph Films
Further analysis by the Court involved Section 2(f) of the Copyright Act, which defines a ‘cinematograph film’ as inclusive of sound recordings accompanying visual recordings. This led to the determination that the producer of ‘Moodu Pani’, Raja Cine Arts, held the copyright for the film, including ‘En Iniya Pon Nilave’, and had lawfully assigned these rights to Saregama India Limited.
Background of the Dispute
The controversy arose when Saregama India Limited initiated legal proceedings against Vels Films International in January 2025. The dispute centered on the unauthorized use of a reimagined version of ‘En Iniya Pon Nilave’ in ‘Aghathiyaa’. Originally featured in the 1980 Tamil film ‘Moodu Pani’, the song was composed by Ilaiyaraaja and performed by KJ Yesudas. The new version for ‘Aghathiyaa’ was recreated by Ilaiyaraaja’s son, Yuvan Shankar Raja, and sung by Vijay Yesudas.
Saregama argued its ownership of the sound recordings and associated musical and literary works from ‘Moodu Pani’ was based on a February 25, 1980 agreement with the film’s producer. They approached the Court after discovering that a teaser of ‘Aghathiyaa’ containing the recreated song was posted on social media, despite a cease-and-desist notice.
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Ilaiyaraaja’s Response and Court’s Decision
Vels Films countered that they had secured a license from Ilaiyaraaja to adapt and recreate the song. Ilaiyaraaja maintained that he owned the musical work and was entitled to license it under the Copyright Act. However, Justice Mini Pushkarna, in an interim ruling, sided with Saregama, affirming their prima facie rights over the sound recording and the song’s musical and literary components.
The Court also dismissed Ilaiyaraaja’s claim that the 2012 amendment to the Copyright Act could retroactively grant him additional rights. Initially, the Court allowed Vels Films to use the recreated song in ‘Aghathiyaa’, conditioned on depositing ₹30 lakh as a license fee. Unable to meet this requirement, Vels opted to release the film without the song, leading to the case’s resolution at the single-judge level.
Ilaiyaraaja subsequently appealed this interim order, contesting the ruling that denied him copyright over the song’s sound recording. However, the Division Bench dismissed this appeal, maintaining the earlier decision.
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Representing Ilaiyaraaja, Senior Advocate Swathi Sukumar, along with Advocates Naveen Nagarjuna, Ritik Raghuwanshi, Rishik Agarwal, and Shardula Murthy, argued the case. Saregama was represented by Senior Advocate J Sai Deepak, supported by Advocates Ankur Sangal, Ankit Arvind, Shaswat Rakshit, and Rishab Rao from Khaitan & Co.
