Intellectual Property Verdict: Song Rights Non-Transferable by Composers

Pradnya Sanap

University of Mumbai, Thane Sub-campus

A bench led by Justice Mini Pushkarna determined that the copyright of a cinematographic film, which includes its soundtrack, is held by the film's producer. The Delhi High Court reached this conclusion in the Saregama India Limited v. Vels Film International Limited & Ors. Case (2025).

Background 

On 25 February 1980, a contract was signed with Saregama India Limited (then Gramophone Company of India Limited) through the agent, Saraswati Stores, with the producer of the film Moodu Panni, Raja Cine Arts. According to this agreement, the plaintiff has kept the copyright for sound recordings and musical and literary works related to Moodu Pani, including En Iniya Pon Nilave song. On January 9, 2025, the plaintiff found a teaser for the upcoming film Aghathiyaa on various social media channels, in which defendants 1 and 2 announced the release of a sound recording on 10 January 2025 a sound recording which appears as a recreation of a song En Iniya Pon Nilave. After discovering this, the plaintiff sent a cease-and-desist notice to defendants 1 and 2 on January 10, 2025, instructing them to refrain from using or exploiting the plaintiff’s copyrighted works and to stop publishing the infringing song. Even after receiving the legal notice, Defendants 1 and 2 moved forward with the release of the allegedly infringing song on various streaming platforms. On January 11, 2025, defendant 1 replied to the legal notice via email, asserting that they had secured a license to adapt, record/recreate, and synchronize the original song En Iniya Pon Nilave from Defendant 3, who they claimed holds the copyright to the song and its underlying works. As a result, the plaintiff initiated the current lawsuit, alleging that the defendants infringed upon the copyright of the song.

Observations of the Court

Section 14 of the Copyright Act, 1957 underlines the definition of copyright. The court mentioned that Section 13 (4) of the Copyright Act states that copyright in a cinematograph film or a record does not interfere with the separate copyright in any work related to, or a significant part of which, the film or record includes. It was also emphasized that under the Copyright Act, of 1957 the copyright for a cinematograph film is held by the producer, which encompasses the film’s soundtrack as well. For example, according to Section 17 of the Copyright Act, of 1957, the producer of a cinematograph film or a sound recording is considered the initial owner of the copyright in the sound recordings, literary works, musical works, and other creations that are part of the cinematograph film. In addition, it was reported that Provision for Section 17 was introduced through an amendment in 2012, protecting the rights of a music composer in a cinematic film. As a result, later in 2012, the rights of music composers will only be transferred to the producer of the cinematograph film if the music composer enters a specific agreement with the producer. However, the current case concerns a work before the 2012 amendment, so the amendment does not apply here. The court also commented that a music composer can be understood to be an owner of the copyright of songs under any circumstances. Thus, the court ruled that the plaintiff (i.e. Sargama) was the correct owner of the song, and the musician had no right to hand over the rights of the song. As a result, given the facts presented in the case, the court gave relief to the plaintiff and issued a prohibition in favor of the plaintiff.

 

 “Copyright in the cinematograph film vests with the producer of the film, which includes, the soundtrack of the cinematograph film.” 

                                                                                                            - Justice Mini Pushkarna 

 

 Rights of a Cinematograph Film and the Musical Work

According to Section 2 (d) of the Copyright Act, 1957, the term "author" is defined. This section states that for a cinematograph film or a sound recording, the producer is considered the owner of the work. Section 17 of the Copyright Act, of 1957 indicates that if a cinematograph film is made for payment at someone's request, the person, unless otherwise agreed, is not the initial owner of the copyright. Therefore, based on Section 17 of the Copyright Act, a cinematograph film or the cinematograph film producer of the cinematograph film is the primary holder of copyright for the sound recording, literary, music and other works. In addition, Section 13 (4), 1957 of the Copyright Act claims that the copyright in a cinematograph film or sound recording does not interfere with the independent copyright of any work used in full or in a significant part of the film or sound recording. As a result, the rights of the music composer will be separated from his inclusion in the cinematograph film under Sections 13 (4) and 14 (1) of the Copyright Act. In addition, a provision was added to Section 17 in 2012, stating that if any work is included in a cinematographic film, the author's rights will remain intact. Consequently, after this amendment, the music composer should enter into a specific agreement with the filmmaker for his rights entrusted to the producer of the Cinematograph film.

REFERENCES

1. “Composer Can’t Assign Rights of a Movie Song” https://www.drishtijudiciary.com/current-affairs/composer-can-t-assign-rights-of-a-movie-song#:~:text=A%20bench%20of%20Justice%20Mini,(2025).

2.  “Composer Can't Assign Rights Of Movie Song' : Delhi High Court Rejects Ilaiyarajaa's Copyright Claim For 'En Iniya Pon Nilave' Song”  https://www.livelaw.in/high-court/delhi-high-court/saregama-vils-film-ilaiyaraja-iniya-pon-nilave-song-copyright-infringement-aghathiyaa-film-282590