Case Title: Saregama India Limited Vs. Vels Film International Limited & Ors.
Date of Order: 30.01.2025
Case No.: CS(COMM) 38/2025
Neutral Citation: 2025:DHC:567
Court: High Court of Delhi
Judge: Hon’ble Ms. Justice Mini Pushkarna
Facts of the Case:Saregama India Limited filed a suit against Vels Film International Limited, alleging copyright infringement over the use of the song "En Iniya Pon Nilave" from the Tamil film "Moodu Pani" (1980). The plaintiff claimed ownership of the sound recording and the underlying musical and literary works, acquired via a 1980 assignment agreement with the film's producer. The defendants had used the song in their upcoming film "Aghathiyaa" without the plaintiff’s authorization, asserting that they had obtained rights from the music composer.
Legal Issues:
1. Does Saregama India Limited own the copyright to the song through the producer’s assignment?
2. Does the music composer retain rights under Sections 13(4) and 14 of the Copyright Act, 1957?
3. Is the 2012 amendment to the Copyright Act, enhancing authors' rights, applicable to pre-existing agreements?
Reasoning and Analysis by the Judge:The Court analyzed the Copyright Act's provisions and relevant case law, including Indian Performing Right Society Ltd. v. Eastern Indian Motion Pictures Association (1977) and International Confederation of Societies of Authors and Composers (2016).Under Section 17, the producer of the cinematograph film, not the music composer, was the first owner of the sound recording, including the musical and literary works.The assignment of rights to Saregama India Limited was valid and covered the disputed song.The music composer had exhausted their rights regarding the song's use in cinematograph films upon the producer’s assignment.The 2012 amendment to Section 17, protecting authors' rights in cinematograph works, was held to be prospective and inapplicable to the 1980 agreement.
Decision of the Court:The Court ruled in favor of Saregama India Limited, holding that the defendants had infringed the plaintiff's copyright. However, given the upcoming release of "Aghathiyaa" and the defendant's financial investment, the Court permitted the film's release with the song if the defendants deposited ₹30 lakhs with the Registrar General within two days. Failure to do so would result in an injunction against using the song.This judgment reaffirms the producer’s copyright primacy over underlying works in cinematograph films and underscores the non-retrospective application of the 2012 Copyright Act amendments.
Advocate Ajay Amitabh Suman,IP Adjutor [Patent and Trademark Attorney],High Court of Delhi
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