Copyright Twist: Court Gives a Big Shock to Ilaiyaraaja

Legendary music composer Ilaiyaraaja filed numerous copyright infringement cases over use of his compositions in some of the recent films and even got favourable orders from the Madras High Court to remove those songs with immediate effect after he objected that filmmakers did not seek prior permission from him. 

Now, the Delhi High Court has given a big shock to the maestro in the legal battle launched by top music label Saregama. The court has passed an interim order restraining Ilaiyaraaja from using and commercially exploiting several sound recordings and musical works with the contention that the copyrights were vested with the company and any unauthorised use could lead to serious and irreparable financial loss. 

In the case filed by Saregama, it was alleged that Ilaiyaraaja began granting licences to third parties and uploading songs on platforms including Amazon Music, iTunes, and JioSaavn, while asserting ownership over the works despite the fact that the film producers already made agreements with the music label and granted exclusive, worldwide, and perpetual rights to reproduce, license, and commercially exploit the works as part of various films.

After going through the submissions of Saregama, Justice Tushar Rao Gedela passed the interim order which bars Ilaiyaraaja from any further exploitation of the songs in the catalogue covering over 130 films from different languages.

The court also referred to the Copyright Act, 1957, which states that the film producer is usually the first owner of the copyright unless a contract says otherwise. Based on this observation and the agreements placed on record, the judge said the company’s rights need protection at this stage. 

Both Saregama and Ilaiyaraaja are already engaged in a copyright battle over the popular Tamil Song ‘En Iniya Pon Nilave’. In January last year, the court ruled the judgement in the favour of Saregama as it categorically stated that Ilaiyaraaja cannot assign the song to third parties as the music label holds the copyright.