The Delhi High Court ruled that Saregama India Limited (SIL) owns the copyright for the famous Tamil song “En Iniya Pon Nilave”, preventing Ilayaraja from assigning its rights to others. The Court also stopped Vels Films International from releasing a recreated version by Ilayaraja’s son, Yuvan Shankar Raja. While Vels Films was initially allowed to use the song upon depositing ₹30 lakh, it ultimately dropped the track due to the cost. This landmark decision reinforces copyright protection in the Indian music industry.
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NEW DELHI: The Delhi High Court ruled that Saregama India Limited (SIL) holds the copyright for the famous Tamil song “En Iniya Pon Nilave”, making it clear that music composer Ilayaraja cannot give its rights to anyone else.
The Court also stopped Vels Films International from releasing a recreated version of the song, which was composed by Ilayaraja’s son, Yuvan Shankar Raja, and sung by Vijay Yesudas, son of the legendary singer Yesudas, who originally performed it in 1980.
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The Court, led by Justice Mini Pushkarna, stated,
“…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.”
SIL, the rightful owner of the sound recordings and musical works of Moodu Pani, approached the Court after discovering that Vels Films had recreated the song for an upcoming Tamil film without getting permission.
The company noticed this copyright violation through a teaser of the film “Aghathiyaa”, which was released on social media and announced the song’s recreation. Despite SIL sending a cease-and-desist notice, the defendants went ahead and published the song on multiple streaming platforms, which led to the legal battle.
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On the other hand, Vels Films International, which produced Aghathiyaa, argued that it had legally obtained a license from Ilayaraja, the original composer, to adapt and recreate the song. Ilayaraja also defended himself, claiming that as the composer, he owned the musical work and had the right to license it under the Copyright Act.
The Court carefully examined who truly owned the song’s copyright, especially looking at the agreement dated February 25, 1980, between SIL and the original producer of Moodu Pani. The Court ruled that SIL had legally obtained the copyright from the producer and, therefore, had full rights over the sound recordings and musical works of the song.
It further stated that Ilayaraja, being only the music composer, could not grant permission to use the lyrics, as he was not the author of the literary work (lyrics). The Court also dismissed the argument that the 2012 amendment to the Copyright Act applied retroactively to give Ilayaraja extra rights.
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The Court explained,
“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 recognized that SIL had a strong case, it also considered the investment and effort made by Vels Films. Since Aghathiyaa was scheduled to release on January 31, 2025, and a lot of money had already been spent on recreating the song, the Court allowed Vels to use the song in the film—but only if it deposited Rs 30 lakh as a license fee. However, the Court clarified that this decision was only temporary and would not affect the final ruling of the case.
Eventually, Vels Films chose to remove the song from the movie, as it could not pay the ₹30 lakh license fee required by the Court.
Legal Representation in the Case:
- Saregama India Limited (SIL) was represented by Senior Advocate Chander M Lall, along with Advocates Ankur Sangal, Sucheta Roy, Amira Dhawan, Shambhavi Mishra, Ananya Mehan, and Samanyu Sethi from Khaitan & Co.
- Vels Films International 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.
CASE TITLE:
Saregama v. Vels Films International.
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