'Why Are You Fighting Unnecessarily?': Supreme Court Declines Ilaiyaraaja's Challenge In 'En Iniya Pon Nilave' Copyright Dispute
The Supreme Court on Thursday refused to interfere with music composer Ilaiyaraaja's challenge against the Delhi High Court's dismissal of his review petition in the copyright dispute concerning the song “En Iniya Pon Nilave” from the Tamil film Moodu Pani.
The Delhi High Court's Single Judge held that while Ilaiyaraaja retained certain rights in the musical work, he had no copyright in the sound recording or lyrics and therefore could not assign those rights to Vels. The Division Bench subsequently upheld the injunction, permitting use of the song only subject to a ₹30 lakh deposit.
Ilaiyaraaja's subsequent review petition was dismissed by the Division Bench, which reiterated that the original sound recording could not be exploited without Saregama's licence.
A Bench of Justices J.B. Pardiwala and K. Vinod Chandran declined to interfere with the Delhi High Court's decision, which had upheld the protection granted to Saregama over the original sound recording while recognising Ilaiyaraaja's rights in the underlying musical work.
During the hearing, the Justice Pardiwala observed that the fight was unnecessary, repeatedly observing
“Why are you all fighting unnecessarily?”
Appearing for Ilaiyaraaja, Senior Advocate C.A. Sundram submitted that Ilaiyaraaja was not challenging the ₹30 lakh deposit directed by the High Court, but the finding of infringement based on the sound recording. He argued that his client was claiming only rights in the musical work.
“I am not at all on the order of the deposit of ₹30 lakhs that has been done. My problem, my Lord, is the findings which are there where he has prima facie found infringement by me.”
Sundaram further submitted that the pleadings themselves showed that Saregama's claim concerned the sound recording, whereas Ilaiyaraaja's case was confined to the musical work.
“I'm only claiming for musical work. That's their pleading.”
He also referred the Bench to the relevant portion of the Delhi High Court judgment and submitted that Ilaiyaraaja's right to adapt the musical work under the Copyright Act had been recognised.
“I adapt the musical work. They come to court at page 268.”
Sundaram also told the Supreme Court that three other lawsuits had subsequently been filed on the basis of the findings under challenge.
“There are three other lawsuits which have been now filed based on this order.”
After hearing the parties, the Bench declined to interfere with the Delhi High Court's dismissal of the review petition.