The Delhi High Court on Thursday ruled that Saregama India Limited holds the copyright for the popular Tamil Song ‘En Iniya Pon Nilave’ and that its composer Ilayaraja cannot assign it to third parties. [Saregama v. Vels Films International].The Court further restrained Vels Films International from releasing the recreated version of the song by Ilayaraja's son Yuvan Shankar Raja. The song was performed by Vijay Yesudas, son of singer Yesudas, who sang the original in 1980..Justice Mini Pushkarna held, “...plaintiff has made out a prima facie case that as per the terms of the plaintiff‟s agreement with the producer of the cinematograph film 'Moodu Pani', the plaintiff is the owner of the sound recordings and musical and literary works in the songs of the cinematograph film 'Moodu Pani', including the song 'En Iniya Pon Nilave'. Accordingly, it is held that the defendant no. 1 (Vels Films) cannot use the said song, as recorded by it, without license from the plaintiff.”.Saregama India Limited (SIL), which owns the copyright to the sound recordings and musical works of Moodu Pani, including En Iniya Pon Nilave, moved the Court claiming that the defendants had recreated the song for an upcoming Tamil film without proper authorisation. SIL discovered the alleged infringement through a teaser of Aghathiyaa on social media platforms, which announced the release of a “recreation” of the song. Despite sending a cease-and-desist notice, the defendants proceeded to publish the song on various streaming platforms, SIL argued.Vels Films International Limited, the producer of Aghathiyaa, argued that it had obtained a license from Ilayaraja (defendant no. 3), the original music composer of the song, to adapt and recreate the track. Ilayaraja, in turn, claimed ownership of the musical work and asserted his right to license it under the Copyright Act..The Court examined the ownership of the copyright in the song, focusing on the agreement between SIL and the producer of Moodu Pani, dated February 25, 1980. It ruled that SIL, as the assignee of the copyright from the producer of Moodu Pani, held the rights to the sound recordings and musical works in the song. It noted that Ilayaraja, as the music composer, did not have the authority to license the lyrics, as he was not the author of the literary work (the lyrics). The Court also rejected the argument that the 2012 amendment to the Copyright Act applied retroactively to grant Ilayaraja additional rights."It is undisputed that the defendant no. 3 (Ilayaraja) is only the music composer and not the lyricist of the song in question. Therefore, the defendant no. 3 by no terms, can be considered as the author of the lyrics of the song in question, which forms part of the sound recording, in which the plaintiff has copyright in terms of agreement with the producer of the film in question. Thus, the defendant no. 3 had no authority to assign any right for use of the lyrics of the song, on which he has no copyright.”.While the Court acknowledged the SIL’s prima facie case, it also considered the balance of convenience. With Aghathiyaa scheduled for release on January 31, 2025, and significant investments made in recreating the song, the Court allowed Vels to use the song in the film on the condition that it deposits ₹30 lakh as a license fee. The Court clarified that this decision was interim and did not prejudice the final adjudication of the case.However, Vels eventually undertook to release the film without the song as it could not pay the license fee. .SIL was represented by Senior Advocate Chander M Lall, with Advocates Ankur Sangal, Sucheta Roy, Amira Dhawan, Shambhavi Mishra, Ananya Mehan and Samanyu Sethi from Khaitan & Co.Vels Films was represented by Advocate Rigved Prasad, PS Deepika and V Shreekumar.Ilayaraja was represented by Advocates Manu Kulkarni, Ankit Parhar, Shloka Narayanan and Sriparna Dutta Choudhury from Poovayya and Co..[Read Judgment]
