Delhi High Court Temporarily Bars Ilaiyaraaja From Licensing Songs Across 134 Films In Copyright Dispute With Saregama

The Delhi High Court has recently issued an ex parte ad interim injunction restraining music composer Ilaiyaraaja from exploiting, using or issuing licences in respect of sound recordings and underlying works from 134 films claimed by Saregama India Limited, holding that the company has made out a prima facie strong case.

Justice Tushar Rao Gedela passed the order after noting that assignment agreements and inlay cards placed on record prima facie supported Saregama's claim of exclusive copyright.

The Court held that the balance of convenience lay in favour of the company and that irreparable loss and injury would be caused if interim protection was not granted.

"Having regard to the fact that in respect of the subject matter sound recordings, musical and literary works over which the plaintiff claims exclusive rights by virtue of the assignment agreements, the balance of convenience appears to be tilted in favour of the plaintiff and against the defendant. The irreparable loss and injury which may be caused to the plaintiff on account of the purported infringement by the defendant may not be adequately compensated in monetary terms in case ex-parte ad-interim injunction is not granted", the court noted.

Saregama, formerly known as The Gramophone Company of India Limited, told the Court that it had acquired exclusive, worldwide, and perpetual rights in the sound recordings and literary and musical works of 134 cinematograph films released between 1976 and 2001 through assignment agreements executed with the original producers.

The company alleged that in the first week of February 2026, it discovered the defendant's works being made available on platforms such as Amazon Music, iTunes, and Jio Saavn.

It contended that Ilaiyaraaja was granting unauthorised licences to third parties and making baseless claims over works in which it asserts copyright. It also referred to a legal notice dated January 13, 2026 in which the composer claimed rights over musical works created, composed, arranged, and orchestrated by him for the films in question.

During the hearing, Saregama relied on Section 17 of the Copyright Act and the Supreme Court's decision in Indian Performing Right Society Ltd v Eastern Indian Motion Pictures Association. It argued that a film producer is the first owner of copyright in works incorporated in a cinematograph film, unless it is mentioned in the contract otherwise.

The Court recorded these submissions and held that the material on record showed a prima facie strong case in favour of the plaintiff.

Accordingly, the Court restrained Ilaiyaraaja, as well as his agents, licensees, assigns and any person acting on his behalf, from exploiting, using, or issuing licences in relation to the sound recordings and literary and musical works forming part of the films listed in Annexure A to the order.

He has also been restrained from making any ownership claims to third parties in respect of those works.

The injunction applies to 134 films listed in Annexure A, including 16 Vayathiniley, Mullum Malarum, and Bharathi, among others.

The Court granted exemption from pre-institution mediation in view of the urgency of the interim relief sought.

It also noted that an earlier judgment dated January 30, 2025, between the parties is under appeal before a Division Bench and that no stay has been granted.

Ilaiyaraaja has been directed to file his reply within four weeks from service. The matter has been listed before the Joint Registrar on April 24, 2026, for completion of service and pleadings, and before the Court on April 2, 2026.

For Saregama: Senior Advocate Chander M. Lall, with Advocates Ankur Sangal, Ankit Arvind, Shashwat Rakshit, Rishabh Rao and Annanya Mehan