Saregama India Ltd. v. Black Madras Films & Ors.

Relevant Acts and provisions

Copyright Act, 1957

Section 14(a)Section 14(d)Section 17Section 17(b)Section 18Section 2(d)Section 2(f)Section 2(p)

Provisions considered: Sections 2(d), 2(f), 2(p), 14(a), 14(d), 17, 17(b) and 18 of the Copyright Act, 1957.

Brief facts

Saregama India Limited claimed copyright over the sound recordings and certain underlying works in songs from several cinematograph films, based on assignment agreements executed with the original producers. Ilaiyaraaja, composer of the musical works in several of these songs, was alleged to have made the disputed works available through online platforms such as Amazon Music, Apple iTunes and JioSaavn without Saregama's authorisation. Saregama sought an injunction restraining such use. Ilaiyaraaja challenged the validity and scope of the assignment agreements, contending that agreements contemplating older modes of exploitation such as gramophone records and cassettes could not extend to newer modes such as online streaming platforms that did not exist when the agreements were executed. In the connected matter the dispute concerned the song 'Naguva Nayana' from the film Pallavi Anupallavi, used in the film Mask; Saregama contended that the original producer, Venus Pictures, had already assigned rights in the film and its sound recordings to Saregama under an agreement dated 27 December 1980, and challenged Ilaiyaraaja's authority to license rights in the sound recording.

Issues before the Court

1. Whether the music composer's copyright in the musical work also gives him rights over the lyrics and the sound recordings of the songs?

Court's findings

Copyright in a cinematograph film or sound recording does not affect the separate copyright subsisting in the underlying works. Copyright in the film or sound recording and copyright in the underlying musical and literary works can coexist independently.

Decision

At the interim stage the Court held that the Plaintiff had established a strong prima facie case in both suits. The interim injunctions were accordingly granted or continued.

Keywords

Assignment of Rights Cinematograph Film Composer Literary and Musical Works Musical Composition Ownership Producer Sound Recording