Safiya Malik

The Delhi High Court has ruled on a copyright infringement dispute concerning the song En Iniya Pon Nilave from the 1980 Tamil film Moodu Pani. The court held that the plaintiff, Saregama India Limited, possesses the copyright to the sound recording, musical work, and literary work of the song. The defendant, Vels Film International Limited, was directed to deposit ₹30 lakh with the court if it intended to use the song in its upcoming film Aghathiyaa, scheduled for release on January 31, 2025. If the amount is not deposited within two days, the defendant will be barred from using the song.

The plaintiff, Saregama India Limited, formerly known as The Gramophone Company of India Limited, filed a suit against Vels Film International Limited and others, alleging copyright infringement. Saregama claimed that it acquired the rights to the song En Iniya Pon Nilave through an assignment agreement dated February 25, 1980, with Raja Cine Arts, the producer of Moodu Pani.

The dispute arose when the plaintiff discovered a teaser of the film Aghathiyaa on social media platforms, which promoted a recreation of the song. The teaser was released on January 9, 2025, and the full song was scheduled for release on January 10, 2025. Saregama immediately issued a cease-and-desist notice to the defendants, demanding that they refrain from using the song. However, despite this notice, the defendants proceeded to publish the song on various streaming platforms.

Defendant No. 1, Vels Film International Limited, responded on January 11, 2025, asserting that it had obtained a license to adapt, record, and synchronize the song from Defendant No. 3, Ilaiyaraaja (the music composer of the original song). The plaintiff then filed a suit seeking an injunction against the release and use of the song.

The primary legal issue before the court was whether Saregama, by virtue of its assignment agreement with the producer of Moodu Pani, held exclusive rights over the song, or whether the original music composer, Defendant No. 3, Ilaiyaraaja, retained rights allowing him to license its use to third parties.

The court referred to Section 17 of the Copyright Act, 1957, which states that the producer of a cinematograph film is the first owner of copyright in sound recordings, literary works, and musical works that form part of the film. The court noted that, under this provision, the producer of Moodu Pani was the first owner of the song En Iniya Pon Nilave and had validly assigned the rights to Saregama.

The judgment recorded: "The producer of a cinematograph film or a sound recording is the first owner of the copyright in the sound recordings, literary works, musical works, and other works forming a part of the cinematograph film. Accordingly, the rights assigned to the plaintiff through the 1980 agreement are valid and enforceable."

The court further rejected the argument that Defendant No. 3, Ilaiyaraaja, retained rights that allowed him to issue a license to Vels Film International. The judgment stated: "The music composer, having created the work for the cinematograph film, does not retain an independent copyright over the song once it has been assigned to the producer. The assignment in favor of the plaintiff, therefore, stands valid and enforceable."

The defendants argued that their version of the song was an "adaptation" under Section 14(1)(a)(vi) of the Copyright Act, which allows the author of a musical work to make adaptations. The court, however, dismissed this contention, stating: "Adaptation requires an arrangement or transcription of the work. In the present case, it is undisputed that the defendants have used the lyrics and musical composition of the original song and have made a fresh recording of the same. This does not constitute adaptation but rather a reproduction, which requires authorization from the copyright owner."

The court also noted that Defendant No. 3, Ilaiyaraaja, was only the music composer and not the lyricist. Therefore, he did not possess rights over the lyrics of the song and had no authority to license them.

Based on its findings, the court issued the following directives:

• Vels Film International Limited (Defendant No. 1) is permitted to use the song En Iniya Pon Nilave in the film Aghathiyaa only if it deposits ₹30 lakh with the Registrar General of the Delhi High Court within two days.

• The amount must be deposited without prejudice to the rights and contentions of the parties, which will be decided at trial.

• If the amount is not deposited, Vels Film International Limited will be barred from using the song in its film.

• The observations made in the order are prima facie in nature and will not prejudice the final adjudication of the suit.

Case Title: Saregama India Limited vs. Vels Film International Limited & Ors.
Case Number: CS(COMM) 38/2025
Bench: Justice Mini Pushkarna

[Read/Download order]