Saregama India Limited Vs. Black Madras Films : 01.07.2026 : Case No.: CS(COMM) 1310/2025 : Neutral Citation: 2026:DHC:5216 : : Hon'ble Judge: Justice Tushar Rao Gedela
The Court considered a dispute concerning ownership and infringement of copyrights in sound recordings, musical works, and cinematograph films under the Copyright Act, 1957. The case arose from allegations that renowned music composer Ilaiyaraaja and other defendants had uploaded and commercially exploited songs over various digital platforms by claiming copyright over works in which Saregama India Limited asserted ownership through assignment agreements executed by the original film producers.
The principal question before the Court was whether a music composer could commercially exploit sound recordings forming part of cinematograph films despite the producer or its assignee claiming copyright over such sound recordings.
Court observed that the Copyright Act distinctly recognizes separate copyrights in musical works and sound recordings. While the composer continues to enjoy copyright in the musical composition, the copyright in the sound recording embodied in a cinematograph film vests in the producer or its lawful assignee.
The Court held that the defendants could exercise rights only in the underlying musical compositions but not in the sound recordings incorporated in the cinematograph films. The Court further observed that disputes regarding royalty payments and the validity of assignment agreements required detailed evidence at trial and did not justify vacating the interim protection.
Accordingly, the Court confirmed the interim protection in favour of Saregama India Limited, holding that the defendants could not commercially exploit the disputed sound recordings pending disposal of the suits, while leaving disputed factual issues to be decided after trial.
Disclaimer: Readers are advised not to treat this as a substitute for legal advice as it is based on limited information and is intended solely for general informational purposes.
Copyright in Sound Recordings and Musical Works
Introduction
The Delhi High Court's decision in Saregama India Limited v. Black Madras Films & Ors. and Saregama India Limited v. Mr. Ilaiyaraaja is one of the most significant copyright rulings concerning ownership of film music in recent years. The judgment addresses the long-standing controversy between copyright ownership in musical compositions created by composers and copyright ownership in sound recordings forming part of cinematograph films. With the rapid expansion of music streaming platforms and digital exploitation of film music, the decision assumes considerable importance for music composers, producers, copyright owners, record labels, digital streaming platforms, and the entertainment industry. The judgment carefully explains the distinction between separate copyrights recognised under the Copyright Act, 1957 and clarifies the extent to which each copyright holder may commercially exploit his rights without infringing another's copyright.
Factual and Procedural Background
Saregama India Limited instituted two commercial suits before the Delhi High Court alleging infringement of its copyrights over numerous cinematograph films and the sound recordings incorporated therein. According to the plaintiff, it had acquired copyright in these works through assignment agreements executed by the original producers of various films over several decades.
The plaintiff asserted that it had recently discovered that music composer Ilaiyaraaja and other defendants had uploaded and commercially exploited several songs forming part of the plaintiff's copyrighted catalogue through online music platforms including Amazon Music, Apple iTunes and JioSaavn while simultaneously asserting copyright over those sound recordings.
On 13 February 2026, the Court granted an ex parte interim injunction restraining such exploitation. Thereafter, the defendants sought vacation of the interim injunction, contending that the plaintiff had no enforceable copyright in many of the works relied upon, that several assignment agreements were contingent or defective, that the suits suffered from misjoinder of causes of action, that the plaintiff had delayed approaching the Court despite having knowledge of the alleged exploitation for several years, and that the composer retained copyright entitling him to commercially exploit the works.
The plaintiff opposed these applications, relying upon assignment agreements executed by film producers, statutory provisions of the Copyright Act, earlier decisions of the Delhi High Court, and documents showing payment of royalties through the Indian Performing Right Society (IPRS). The Court was therefore required to determine whether the interim injunction deserved to continue pending trial.
Dispute Before the Court
The principal controversy before the Delhi High Court was the extent of the copyright retained by a music composer after a musical work becomes part of a cinematograph film and is embodied in a sound recording. The Court was required to determine whether the composer could commercially exploit the sound recordings of songs forming part of cinematograph films by uploading or licensing them on digital platforms, or whether such rights exclusively belonged to the producer or its lawful assignee.
The plaintiff contended that it had acquired ownership of the copyrights in the sound recordings and the cinematograph films through valid assignment agreements executed by the original film producers. It argued that although the composer continued to enjoy copyright in the underlying musical composition, such copyright did not extend to the sound recordings incorporated in the films. According to the plaintiff, the defendants were exploiting copyrighted sound recordings without authorization and were thereby infringing its exclusive statutory rights under the Copyright Act, 1957.
The defendants, on the other hand, challenged the plaintiff's ownership itself. They argued that several assignment agreements relied upon by the plaintiff were contingent contracts, many had expired, several lacked necessary particulars, and some did not even specifically identify the concerned films or songs. They further contended that the plaintiff had knowingly allowed the alleged exploitation for several years, thereby disentitling itself to equitable interim relief. The defendants also asserted that the composer retained substantial copyright in the musical works and that the plaintiff could not claim ownership over every component embodied in the sound recordings.
The Court was therefore required to consider the nature of copyrights in musical compositions, sound recordings and cinematograph films, the legal effect of assignment agreements, the scope of Sections 13, 14, 17 and 18 of the Copyright Act, 1957, the effect of alleged delay, the plea regarding royalty payments, and whether the interim injunction deserved to continue pending trial.
Reasoning and Analysis of the Court
The Court began its analysis by observing that the controversy was substantially governed by the statutory framework of the Copyright Act, 1957 and by the recent Division Bench judgment of the Delhi High Court in Mr. Ilaiyaraaja v. Saregama India Limited, Neutral Citation 2026:DHC:4556-DB, which had already interpreted the relationship between copyright in musical works and copyright in sound recordings. The Court held that the principles laid down by the Division Bench directly governed the present controversy.
The Court explained that the Copyright Act recognizes separate and independent categories of copyright. Literary works, musical works, cinematograph films and sound recordings each constitute distinct "works" under the Act. Although a musical composition may ultimately become embodied within a sound recording and a cinematograph film, the separate copyrights recognised by law do not merge into one another.
The Court analysed Section 13 of the Copyright Act and particularly Section 13(4), which preserves independent copyright in the underlying works even after their incorporation into a cinematograph film or sound recording. According to the Court, this provision protects the composer's copyright in the musical composition while simultaneously recognising the producer's copyright in the sound recording. The existence of one copyright does not extinguish the other.
The Court thereafter examined the definitions contained in Sections 2(d), 2(f), 2(p), 2(xx), 2(uu) and 2(y) of the Copyright Act. It observed that a music composer is undoubtedly the author of the musical work. However, the producer of a cinematograph film is recognised by the statute as the author and first owner of the sound recording forming part of that cinematograph film unless there exists an agreement to the contrary. Consequently, the composer's copyright extends only to the musical composition and not to the sound recording itself.
The Court further relied upon Section 17 of the Copyright Act governing first ownership of copyright. It held that the producer acquires copyright in the sound recording incorporated into the cinematograph film. Where such rights are subsequently assigned through valid assignment deeds, the assignee lawfully steps into the shoes of the producer and becomes entitled to enforce those copyrights.
While considering the defendants' challenge to the assignment agreements, the Court held that detailed examination of the validity, interpretation and evidentiary value of each agreement would necessarily require trial. At the interim stage, the Court was not expected to conduct a mini trial or finally determine disputed questions relating to contractual interpretation. The assignment agreements, coupled with the plaintiff's long-standing commercial exploitation of the catalogue and supporting documentary material, were sufficient to establish a strong prima facie case.
The Court also rejected the argument that the plaintiff had concealed material facts or had delayed initiating proceedings merely because certain songs had appeared on online platforms several years earlier. It held that every fresh unauthorized communication of copyrighted sound recordings to the public constitutes a continuing and recurring cause of action under copyright law. Mere delay, by itself, does not legalise continuing infringement nor does it automatically defeat a copyright owner's claim for interim protection.
A significant issue concerned the defendants' contention that royalties had never been paid in accordance with Section 18 of the Copyright Act. The Court examined documents produced by the plaintiff showing distribution of royalties by the Indian Performing Right Society (IPRS). These records prima facie indicated that royalties had been allocated among the owner, composer and lyricist in accordance with their respective shares. Although the Court left the ultimate evidentiary value of these documents to be tested during trial, it found no immediate basis to conclude that Section 18 had been violated so as to deny interim protection.
The Court was equally unpersuaded by the objections regarding misjoinder of parties and causes of action. It held that the central allegation in all the suits remained identical, namely unauthorized exploitation of copyrights allegedly owned by the plaintiff. Since the plaintiff and defendants were common and the legal questions substantially overlapped, joinder of causes of action was prima facie permissible under Order II Rule 3 of the Code of Civil Procedure, 1908. Questions regarding the necessity of impleading producers or other copyright owners could be considered during subsequent stages of the proceedings if required.
The Court also referred to several important judicial precedents while analysing the dispute. These included Indian Performing Right Society Ltd. v. Eastern Indian Motion Pictures Association, (1977) 2 SCC 820, on the relationship between copyrights in cinematograph films and underlying works; Prem Lala Nahata v. Chandi Prasad Sikaria, (2007) 2 SCC 551, regarding joinder of causes of action; Carlsberg Breweries v. Som Distilleries and Breweries Ltd., 2018 SCC OnLine Del 12912, concerning joinder principles; Bengal Waterproof Ltd. v. Bombay Waterproof Manufacturing Co., (1997) 1 SCC 99, recognising recurring causes of action in continuing infringement; and the recent Division Bench judgment in Mr. Ilaiyaraaja v. Saregama India Limited, Neutral Citation 2026:DHC:4556-DB, which comprehensively explained the distinction between copyright in musical compositions and copyright in sound recordings. The Court found these authorities to strongly support continuation of the interim injunction in favour of the plaintiff.
Final Decision of the Court
After considering the rival submissions and the material placed on record, the Delhi High Court concluded that Saregama India Limited had established a strong prima facie case for the grant of interim protection. The Court held that the plaintiff had produced sufficient material to demonstrate its copyright in the sound recordings and cinematograph films through assignment deeds executed by the original producers. At the interlocutory stage, the Court found no justification to undertake a detailed examination of the validity or enforceability of each assignment agreement, as such issues required appreciation of evidence during trial.
The Court further held that the Copyright Act clearly distinguishes between copyright in a musical composition and copyright in a sound recording. While the composer undoubtedly continues to enjoy copyright in the underlying musical work, that right does not extend to the sound recording embodied in a cinematograph film. Consequently, commercial exploitation of the disputed sound recordings without authorization from the copyright owner would amount to prima facie infringement.
The Court also rejected the objections based on alleged delay, acquiescence, non-payment of royalties, misjoinder of parties, and misjoinder of causes of action. It observed that these questions either did not affect the plaintiff's entitlement to interim protection or required a detailed trial before any final conclusion could be reached.
Accordingly, the Court confirmed the interim injunction granted earlier and restrained the defendants from exploiting, communicating to the public, reproducing, broadcasting, streaming, licensing, uploading or otherwise commercially dealing with the disputed sound recordings in which the plaintiff claimed copyright until the disposal of the suits. The parties were left to establish their respective rights during the trial on the basis of evidence.
Point of Law Settled
The judgment reaffirms that the Copyright Act, 1957 recognises separate and independent copyrights in musical works and sound recordings. A music composer continues to remain the owner of copyright in the underlying musical composition, whereas the producer of a cinematograph film, or its lawful assignee, owns the copyright in the sound recording incorporated in that film. The composer's statutory rights do not extend to commercial exploitation of the sound recording itself unless authorised by the copyright owner.
The judgment further clarifies that disputes relating to royalty payments under Section 18 of the Copyright Act do not, by themselves, extinguish or invalidate copyright ownership in sound recordings. Similarly, challenges to assignment agreements ordinarily require evidence and cannot ordinarily defeat a copyright holder's claim for interim protection unless serious defects are apparent on the face of the record.
The decision is likely to have significant implications for India's music industry by reinforcing the distinction between ownership of musical compositions and ownership of sound recordings, thereby providing greater certainty to producers, record labels, composers, lyricists, copyright societies and digital music platforms.
Title of the Case: Saregama India Limited v. Black Madras Films & Ors. & Saregama India Limited v. Mr. Ilaiyaraaja
Date of Judgment/Order: 01 July 2026
Case Number: CS(COMM) 1310/2025 & CS(COMM) 143/2026
Neutral Citation: 2026:DHC:5216
Name of Court: Delhi High Court
Name of Hon'ble Judge: Justice Tushar Rao Gedela
Written By:Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
Disclaimer:Images used herein do not reflect actual images used in the Judgment and are for illustrative purposes only. Readers are advised not to treat this article as a substitute for legal advice as it may contain errors in perception, interpretation and presentation.
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Headnote of the Judgment
Saregama India Limited v. Black Madras Films & Ors. & Saregama India Limited v. Mr. Ilaiyaraaja, Delhi High Court, CS(COMM) 1310/2025 & CS(COMM) 143/2026, Neutral Citation 2026:DHC:5216, decided on 01 July 2026. The Delhi High Court considered applications seeking vacation of an interim injunction in a copyright dispute relating to sound recordings forming part of cinematograph films. The Court held that while a music composer retains copyright in the underlying musical composition, the copyright in the sound recording vests in the producer or its lawful assignee. Finding that the plaintiff had established a strong prima facie case of copyright ownership and infringement, the Court confirmed the interim injunction and restrained the defendants from commercially exploiting the disputed sound recordings pending trial.
