Artist Nivedita Joshi Files Copyright Infringement Suit Before Delhi HC Against Music Composer, Producer Of 'Life Is Good' Film
Artist Nivedita Joshi has filed a copyright infringement suit before Delhi High Court against the music composer and producer of film “Life is Good” which was released in 2022, alleging that the lyrics of the song “Palko ke Palne” written by her in 2011 were used in the movie without informing her. Justice Anish Dayal directed the film producer, Anand Shukla, to maintain proper...
Artist Nivedita Joshi has filed a copyright infringement suit before Delhi High Court against the music composer and producer of film “Life is Good” which was released in 2022, alleging that the lyrics of the song “Palko ke Palne” written by her in 2011 were used in the movie without informing her.
Justice Anish Dayal directed the film producer, Anand Shukla, to maintain proper accounts of all royalties received on account of dissemination of the song in question, through all possible media.
The court also directed the music composer Abhishek Ray and Shukla ensure that the song, through its dissemination, continues to credit Joshi for the lyrics in order to preserve her moral rights in the said work.
“Defendant no.2 (film producer) shall file an affidavit in this regard within a period of 3 weeks, with a copy to the parties to this suit, giving details of the date of release of the cinematograph film, utilisation of the song in question, various media in which said song has been disseminated, the terms on which said dissemination has been transacted, and the royalties that they have received till date of filing of the affidavit,” the court directed.
It was Joshi's case that she had penned the lyrics of the song in 2011 and shared them with Ray, who requested her to complete the remaining song and said that it would fit with the theme of an upcoming film “Life's Good.”
As per the suit, Joshi was initially informed that the movie was to be released in 2011, however, the same could not happen due to financial constraints of the film producer. Admittedly, no written agreement was entered into between Joshi and Ray.
It is her case that she is the author and first owner of the lyrics of the song which is protected under Section 14(a) of the Copyright Act, 1957.
She has said that by using the lyrics as part of the song which has now been disseminated through a film as well as independently on music channels, both Ray and Shukla are jointly liable for infringing her copyright.
In the pre-litigation mediation petition filed by Joshi in October last year, Ray appeared through the sittings of the mediation. However, the same was not successful. On the other hand, Shukla, despite being served, did not appear in the mediation proceedings.
During the hearing on January 04, the counsel appearing for Ray disputed the issue of copyright infringement claiming that they had commissioned Joshi for lyrics of the song and had incorporated it as part of the musical work produced by them.
It was submitted that in their agreement with the film producer, the lyrics were supplied for being used in the movie.
The court noted that prima facie, the lyrics of the song had indeed been penned by Joshi, the song has been produced by Ray and has been used in the film produced by Shukla.
It further noted that film was a theatrical release and the said song is being promoted and disseminated through various music channels and other media, with credits to Joshi.
Justice Dayal observed that since Joshi's rights would finally have to be adjudicated, it would be apposite if the royalties being received by the film producer and by any other party on their behalf, may be preserved, subject to the outcome of the suit.
The matter will now be heard on February 14.
Counsel for Plaintiff: Mr. Pravin Anand, Mr. Dhruv Anand, Ms. Udita Patro, Ms. Kavya Mammen, Ms. Nimrat Singh, Advs
Counsel for Defendants: Mr. Saikrishna Rajgopal, Ms. Savni D Endlaw & Ms. Snehima Jauhari, Advs
Title: NIVEDITA JOSHI v. ABHISHEK RAY & ANR.
Citation: 2024 LiveLaw (Del) 28