Composer Ilaiyaraja's Transactions With Streaming Platforms Will Be Subject To Echo Recording's Appeal Over Ownership Of Songs: Madras High Court

The bench of Justice R Mahadevan and Justice Mohammed Shaffiq made the observations on an appeal preferred by Echo Recording Studio against a single-judge order that said that Ilaiyaraja had special and moral rights to all the musical works composed by him as per Section 57 Copyright Act. The single judge had said that Ilaiyaraja could claim authorship of his work and take all necessary measures to preserve the integrity and purity of his work.

While hearing the appeal, Senior Advocate Vijay Naryan, representing Echo Recording submitted that once a producer engaged a music composer, the ownership of the work transferred to the producer. It was argued that though Ilaiyaraja may be the owner of the music notes composed, the entirety of the song belonged to the producer. He further submitted that when the music composer had taken remuneration from the film producer, he could not continue to claim any rights over the songs.

To this, Senior Advocate Satish Parasaran, appearing for Ilaiyaraja argued that Ilaiyaraja would continue to hold the rights over his songs regardless of the agreements entered into with the producer. He further argued that a music composer was not an employee and since music composition was a creative process, the usual laws of copyright would not be applicable to a case of this nature

The court, however, asked whether while claiming copyright over the song, Ilaiyaraja could also claim copyright over the lyrics of the song that might have been penned by someone else. The judge pointed out that lyrics, along with the singer and other elements come together to form a song. The court thus wondered what would happen if the lyricist of the song also came forward asking for ownership over the song. The court also remarked that though Ilaiyaraja may have ownership over his music notes, he will not be the sole owner of the song.

To this, Parasaran informed the court that a lyricist of a song is usually paid royalty irrespective of who exploits the song commercially.

The court has now adjourned the matter to June.

Case Title: M/s Echo Recording Company Pvt Ltd v Ilaiyaraja and Others

Case No: OSA 51 of 2024