Ilaiyaraaja Moves Top Court Against Delhi HC's Review Dismissal In 'En Iniya Pon Nilave' Copyright Dispute

Music composer Ilaiyaraaja has moved the Supreme Court through a Special Leave Petition (SLP) challenging the Delhi High Court's dismissal of his review petition in a copyright dispute concerning the sound recording of “En Iniya Pon Nilave” from the Tamil film Moodu Pani.

The dispute arose after Saregama India Ltd. initiated proceedings against Vels Film International Ltd. (VFIL) over its proposed use of a recreated version of “En Iniya Pon Nilave” in Aghathiyaa. VFIL relied on an agreement executed with Ilaiyaraaja in March 2023. Ilaiyaraaja maintained that, as the composer, he retained rights in the musical work and could authorise its adaptation.

On 30 January 2025, the Single Judge Bench held that Ilaiyaraaja retained certain rights in the musical work but had no copyright in the sound recording or lyrics and therefore could not assign those rights to VFIL. It permitted VFIL to use the song in Aghathiyaa subject to depositing Rs. 30 lakh with the Registrar General. If the amount was not deposited, VFIL would remain restrained from using the song. Ilaiyaraaja challenged the Single Judge's decision before a Division Bench.

On 21 May, a Bench comprising Justices C. Hari Shankar and Om Prakash Shukla, however, upheld the injunction, holding that VFIL could not exploit the sound recording contained in Moodu Pani without Saregama's licence or permission. The judges also held that “recreating” the sound recording amounted to infringement of Saregama's copyright.

Ilaiyaraaja then sought review of the 21 May judgment, arguing that the Division Bench had effectively dealt with rights in the original sound recording even though, according to him, that issue was not the subject of controversy before the Single Judge or the appellate court.

The Division Bench dismissed the review petition. It reiterated that the Single Judge had expressly held that Ilaiyaraaja had no copyright in the sound recording or lyrics and therefore could not licence those rights to VFIL. It also noted that the definition of “cinematograph film” under Section 2(f) of the Copyright Act includes sound recordings accompanying the film.

Further, the Bench noted that its 21 May judgment had ultimately concurred with the Single Judge's decision. Since the Single Judge had permitted use of the song subject to the Rs. 30 lakh deposit and restrained VFIL from using it if the amount was not deposited, the Division Bench found no basis to review its earlier judgment.

Ilaiyaraaja has now challenged the review dismissal before the Supreme Court. His SLP, filed on 19 August, is yet to be listed.