The Delhi High Court upheld an interim injunction favoring Saregama India Limited, ruling that composer Ilaiyaraaja could not assign rights to lyrics or sound recordings of “En Iniya Pon Nilave.” The court clarified that while Ilaiyaraaja retains copyright over the musical composition, this does not extend to the lyrics or the sound recording, which Saregama validly acquired.
The Delhi High Court has upheld an interim injunction in favour of Saregama India Limited in a copyright dispute concerning the iconic song “En Iniya Pon Nilave” from the Tamil film Moodu Pani, holding that legendary music composer Ilaiyaraaja could not assign rights over the lyrics or sound recording of the song to a third party.A Division Bench of Justice C Hari Shankar and Justice Om Prakash Shukla delivered the judgment while deciding an appeal filed by Ilaiyaraaja against a January 2025 order of a Single Judge.The appeal arose from a suit filed by Saregama alleging infringement of copyright in the song by its recreation in the upcoming film Aghathiyaa.The Court examined whether Ilaiyaraaja, as composer of the original musical work, retained the right to adapt and license the song after it had already formed part of the cinematograph film Moodu Pand after rights in the soundtrack had been assigned to Saregama.The Bench held that while Ilaiyaraaja continued to retain copyright over the musical composition itself, that right was limited only to the musical component of the song and did not extend to the lyrics or the sound recording.The Court observed that under the Copyright Act, the composer remained the author and first owner of the musical work. However, the producer of the film was the first owner of the sound recording forming part of the cinematograph film. Importantly, the Bench clarified that Ilaiyaraaja was entitled to exploit or adapt only the musical component of the song, but could not authorise use of the lyrics or assign rights in the sound recording itself. The Court stated:”Ilaiyaraaja could not, therefore, have assigned to VFIL the lyrics underlying the disputed song.”The Court further noted that the 2023 agreement executed between Ilaiyaraaja and Vels Film International purported to grant rights over the original song, its sound recording and underlying works. However, the Court found that Ilaiyaraaja did not own the sound recording or lyrical rights and therefore could not transfer them.At the same time, the Bench disagreed with parts of the Single Judge’s reasoning and clarified that Ilaiyaraaja’s independent copyright in the musical composition remained protected under Section 13(4) of the Copyright Act. The Court held that the composer’s copyright in the musical work was separate and continued to subsist despite the song forming part of a cinematograph film.The Court also rejected the argument that clauses (b) and (c) of the first proviso to Section 17 automatically divested Ilaiyaraaja of ownership in the musical work. According to the Bench, there was no pleading or material showing a “contract of service” or circumstances attracting those clauses.
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While analysing the statutory scheme, the Court observed that copyright in a cinematograph film and copyright in the underlying musical work could coexist separately. It held that Saregama validly acquired rights in the sound recording through the 1980 agreement executed between the film producer and Gramophone Company of India, now known as Saregama.The dispute arose after Saregama objected to the use of a recreated version of “En Iniya Pon Nilave” in the upcoming film Aghathiyaa. According to Saregama, the teaser of the film revealed the use of the original song’s lyrics and composition, following which cease-and-desist notices were issued in January 2025.The Single Judge had earlier restrained the use of the recreated version and held that Saregama was the owner of the sound recordings and literary and musical works in the songs of Moodu Pani.
