Delhi High Court Decrees Copyright Ownership Suit Filed By TV Music Composer Abhishek Ray Against Showtime Events

The Delhi High Court has held that the original producer, lyricist and composer of a music album is entitled to a decree of declaration to that effect. 

A single judge bench of Justice Pratibha Singh thus granted a decree of permanent injunction in favour of TV music composer Abhishek Ray, claiming rights over music album 'Kamasutra - Moods of Love'.

Ray had approached the High Court against Showtimes Events (India) Pvt. Ltd., run by defendants R. Paul and Michael Menezes. 

Briefly, the facts of the case are that the Plaintiff was the original composer, lyricist, producer and author of various songs contained in the album 'Kamasutra- Moods of Love'. The defendants approached the Plaintiff and agreed to produce an international musical incorporating the music compositions contained in the plaintiff's album. The defendants, apart from paying the sum of Rs.10 lakhs, did not have any other input in the production of the music album. They intended to launch the musical 'Kamasutra- A Musical of Love' towards which they produced a promotional video which consisted of the Plaintiff's composition. The understanding, allegedly, was that the video would be used to promote the music album of the Plaintiff and also the musical as and when it is produced. The aforesaid arrangement was never formalised into a written agreement. The further understanding between the parties, as per the Plaintiff, was that a sum of Rs.30 lakhs would be paid by Defendants to the Plaintiff as consideration. However, only a sum of Rs.10 lakhs was paid. The remaining Rs.20 lakhs remained outstanding.

It was the case of the Plaintiff that the Plaintiff merely agreed to assign the 'right to use' the musical compositions to the Defendants for the proposed musical. All other rights in the sound recordings and music compositions were retained by the Plaintiff. Insofar as the sum of Rs.30 lakhs is concerned, there is a dispute as to whether the sum of Rs.30 lakhs was agreed upon between the parties. However, the admitted position is the payment of Rs.10 lakhs was made by the Defendants to the Plaintiff. The said amount of Rs.10 lakhs remain with the Plaintiff and has not been returned. The drafts of the agreements for the musical and music album were exchanged. It was the case of the Plaintiff that the Plaintiff merely agreed to assign the 'right to use' the musical compositions to the Defendants for the proposed musical. All other rights in the sound recordings and music compositions were retained by the Plaintiff. Insofar as the correspondence between the parties is concerned, the letters show that around the time when the agreement was being negotiated and the launch of the music album was announced, the Defendants filed a criminal complaint and also alleged contempt of Court against M/s. Sagarika Music Pvt. Ltd. This led to the M/s. Sagarika Music Pvt. Ltd. shelving the release of the album of the Plaintiff and calling upon the Plaintiff to obtain NOC from Defendants.

After the perusal of the facts, the court held that the rights in music album belong to the Plaintiff and the Plaintiff is the owner of all the underlying works and sound recording consisting of the album 'Kamasutra- Moods of Love' as per Section 17 of the Act.

The court further held that insofar as the promotional video was concerned, partial rights may be owned by Defendants. However, they  do not have assignment of rights of the underlying works in the track. The court stated that this entire dispute could have been easily avoided, had the Plaintiff entered into a tripartite agreement with Sagarika Music and Defendants. The court opined that–

"In view of the above pleadings and the evidence which has come on record, the video, which was produced by Defendant Nos.1 to 3 is of no commercial use or value to the Defendants. However, the Plaintiff having been original producer, lyricist and composer of the album 'Kamasutra- Moods of love' is entitled to decree of declaration in terms of the paragraph 18(a) of the plaint. In view of this declaration, the Defendants and any other person acting for or on their behalf shall stand restrained from directly or indirectly incorporating the music compositions, underlying works, sound recordings in the song 'BEHKA BEHKA' in any of their videos or musical Further, the Defendants shall not interfere in any manner with the Plaintiff's exploitation of the music album 'Kamasutra- Moods of Love'."

The court further stated that insofar as the decree of delivery up was concerned in view of the injunction granted, since no copy appears to have been made of the Plaintiff's album, the said relief was infructuous. The Plaintiff also sought rendition of accounts of profits. However, since defendants had not produced any works incorporating the works of the Plaintiff, this relief was not liable to be granted either.

The court also held that–

"Insofar as the decree of damages is concerned, Defendant Nos.1 to 3 have already paid a sum of Rs.10 lakhs to the Plaintiff and there is evidence on record that out of the said amount, Rs.4 lakhs has been used by the Plaintiff for the purposes of expenses in creation of album and production of the album. The remaining amount of Rs.6 lakhs continues to be retained by the Plaintiff. It is directed that the said sum of Rs.6 lakhs would not be liable to be returned to the Defendants. Since the Plaintiff has also enjoyed the said amount for a long period, without any payment of interest, no further damages are liable to be granted in favour of the Plaintiff. Thus, it is made clear that no amount would be liable to be returned or refunded by the Plaintiff to the Defendant Nos.1 to 3."

Thus the Court held that the Plaintiff is entitled to exploit the music album in the manner he chooses and is not liable to return any amount to the defendants.

CASE TITLE: ABHISHEK RAY v. R. PAUL AND ORS.

2022 LiveLaw (Del) 670

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