No relief for Ilaiyaraaja in copyright case
New Delhi, Oct. 2 -- The Supreme Court on Thursday refused to interfere with a Delhi High Court ruling that music composer Ilaiyaraaja did not own the copyright in the lyrics and sound recording of the popular song "En Iniya Pon Nilave" from the Tamil film Moodu Pani, holding that the rights in the sound recording vested with music label Saregama.
A bench of justices JB Pardiwala and K Vinod Chandran declined to entertain Ilaiyaraaja's challenge to the high court's May orders, which had dismissed his pleas against earlier rulings upholding an injunction in favour of Saregama.
The dispute arose after Vels Film International Ltd recreated "En Iniya Pon Nilave" for its film 'Aghathiyaa', claiming to have obtained the necessary rights from Ilaiyaraaja. Saregama objected to the use of the recreated version, asserting that it owned the copyright in the original sound recording by virtue of an assignment from the film's producer.
Senior advocates CA Sundaram and Swathi Sukumar appeared for Ilaiyaraaja. Saregama was represented by senior counsel Mukul Rohatgi. The Delhi High Court, in its earlier proceedings, held that Ilaiyaraaja retained copyright in the musical work - the tune or composition, but not in the sound recording or the lyrics of the song. It also held that he could not have assigned to Vels Film International rights that he himself did not own.
The division bench had affirmed the injunction granted by a single judge restraining the use of the recreated version of the song. It held that the copyright in the sound recordings of Moodu Pani, including "En Iniya Pon Nilave", had vested with RCA, the original holder, and was subsequently transferred to Saregama under a February 1980 agreement.
"Without a licence, or permission, from SIL, therefore, VFIL could not have exploited any of the sound recordings contained in the film Moodu Pani, including the sound recording relating to the song En Iniya Pon Nilave," the high court had said.
Ilaiyaraaja had argued that as the composer and author of the musical work, he remained the first owner of copyright in the composition. The single judge rejected the contention and granted an injunction in favour of Saregama, after which Ilaiyaraaja moved the Supreme Court....
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