'Composer Can't Assign Rights Of Movie Song' : Delhi High Court Rejects Ilaiyarajaa's Copyright Claim For 'En Iniya Pon Nilave' Song

Justice Mini Pushkarna further observed that the music composer of the original song Ilaiyaraja had no right to assign the right in the lyrics of the song to Vels as he is not its owner.

The brief facts of the case are that Saregama India Limited (plaintiff) filed a copyright infringement suit against Vels Film International Limited (defendant no. 1) in relation to the 'Iniya Pon Nilave' song from the 'Moodu Pani' film. Saregama submitted that Vels Film used the song in their film 'Aghathiyaa' and cause a fresh recording of the same, despite Saregama being the owner in the copyright of the song.

It is stated that when Saregama came to know about the song being used in the Aghathiyaa film, they sent a cease and desist notice to Vels Film. However, Vels Film responded that it had taken a license to adapt and record/recreate the original song from the composer of the song, Ilaiyaraja (defendant no. 3), which it claimed was the owner of the song. Saregama thus filed the present suit for copyright infringement.

The Court observed that the author of a work is the first owner of the copyright under the Copyright Act. It noted for a musical work, the composer is the author and for cinematograph film, the producer of the film is the author.

Referring to Section 17(b) of the Copyright Act, it observed that the producer of a cinematograph film becomes the first owner of the copyright in the sound track associated with the film in the absence any agreement to the contrary. Thus, the copyright in the cinematograph film which includes the soundtrack of the film vests with the producer of the film.

Here, the Court noted that as per the agreement between Moodu Pani film's producer with Saregama in 1980, copyright in the sound recordings and the musical and literary works of the songs of the film vested with Saregama.

“Accordingly, in view of the agreement dated 25th February, 1980 between the producer of the cinematograph film Moodu Pani with the plaintiff, the copyright in the sound recordings and the musical and literary works of the songs of the cinematograph film Moodu Pani, came to vest in the plaintiff. As per the terms of the plaintiff's agreement dated 25th February, 1980, the plaintiff is the owner of the sound recordings and the musical and literary works in the songs of the cinematograph film „Moodu Pani‟, including the song 'En Iniya Pon Nilave'.”

The Court further noted Ilaiyaraja as the music composer, has no copyright over the literary work, i.e., the lyrics or the sound recording. It stated that Ilaiyaraja does not have any right to assign rights in the lyrics of the song to a third party.

It thus observed that in the absence of any rights in the lyrics of the song, Ilaiyaraja was not entitled to assign any right in the song to Vels Film. Therefore, Vels could not claim any right on the basis of an agreement with Ilaiyaraja.

The Court was of the view that Saregama made out a prima facie case that it is the owner of the song. Nonetheless, the Court noted that irreparable damage would be caused to Vels if it is restrained from using the song in its film.

It stated, “However, considering the submissions made before this Court, this Court is of the view that balance of convenience lies in favor of the defendant no. 1, as the movie produced by defendant no.1, i.e., 'Aghathiyaa', where the song in question has been used, is slated for release on 31^st January, 2025. This Court further notes the submission of the defendant no. 1 that it has invested significant moneys for recreation of the sound recording of the song in question. Thus, this Court is of the view that irreparable loss shall be caused to the defendant no. 1, if it is restrained from using the song, which already forms part of its cinematograph film, 'Aghathiyaa'.”

Noting that the Saregama agreed to payment of Rs. 30 lakh from Vels as a license fee, the Court allowed Vels to use the song in its film.

Case title: Saregama India Limited vs. Vels Film International Limited & Ors.

Citation: 2025 LiveLaw (Del) 118