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In a big development in a long-running copyright dispute, the Delhi High Court has passed an interim order in favour of music label Saregama India Ltd., restraining legendary composer Ilaiyaraaja from broadcasting or communicating songs from 134 movies until further orders.
Delhi High Court restrains Ilaiyaraaja from streaming songs from 134 movies in copyright case filed by Saregama
The order was passed by Justice Tushar Rao Gedela, who observed that while Ilaiyaraaja continues to carry rights over his original musical compositions, those rights don’t mechanically extend to the sound recordings incorporated into cinematograph movies. Based on the court, the copyright in such sound recordings rests with the producer and, where assigned, with Saregama.
As per the court’s observations, Ilaiyaraaja’s rights under the Copyright Act are limited to the musical work itself, which refers back to the composition independent of the lyrics and the sound recording. The court noted that these rights can’t be interpreted as ownership over the entire film soundtrack.
The dispute arose after Saregama claimed that it had acquired copyright ownership through project agreements signed with producers of several movies between 1976 and 2001. The corporate argued that these agreements transferred the rights within the sound recordings, together with the underlying musical and literary works featured in those movies.
Saregama further alleged that it recently discovered the songs being made available on multiple digital streaming platforms, including Amazon Music, Apple iTunes and JioSaavn, and claimed that Ilaiyaraaja had also asserted ownership over the content available on these services.
While considering the matter, the High Court observed that there was no dispute regarding the broadcasting of songs forming a part of the movies listed within the suit. The court stated that, on a prima facie basis, such use appeared to amount to copyright infringement in relation to the disputed sound recordings.
The interim order applies to 134 movies spanning several many years of Ilaiyaraaja’s celebrated profession. Among the many notable titles covered are Annakkili (1976), 16 Vayathiniley (1977), Mullum Malarum (1978), Netrikkann (1981) and Raaja Paarvai (1981).
The matter will now proceed before the Delhi High Court, where the copyright claims of each parties will likely be examined further before a final decision is reached.
Also Read: Ilayaraja sends legal notice to makers of Good Bad Ugly over alleged unauthorised use of iconic songs
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