In a significant legal battle, Echo Recording Company has contended before the Madras High Court that renowned composer Ilaiyaraaja cannot claim the rights to his songs composed between 1970 and 1990, as he did not retain copyrights with film producers, unlike contemporary composer A.R. Rahman.The first division bench, comprising acting Chief Justice R. Mahadevan and Justice Mohammed Shaffiq, heard the appeal by Echo against a single judge order that had recognized Ilaiyaraaja’s special rights over the 4,500 songs he composed during the specified period.
Senior counsel Vijay Narayan, representing Echo, argued that Ilaiyaraaja was commissioned by various film producers to create music for their films and received remuneration for his work. Consequently, Narayan asserted, the copyright for these songs vested entirely with the respective producers who had commissioned the work.
“The film producer is the one who pays and engages everyone contributing to the film, including the director, artists, performers, music composers, and lyricists. Hence, the sound of the film is owned by the producer,” Narayan stated. He argued that Ilaiyaraaja could not claim ownership of the songs as he did not have any specific agreement with the producers regarding copyright retention, unlike A.R. Rahman, who has secured his rights through explicit agreements.
Echo Recording Company further argued that they had legally acquired the rights to the 4,500 songs composed by Ilaiyaraaja until 1990 from the respective film producers. The counsel emphasized that since Ilaiyaraaja did not enter into any agreements with the producers for the copyrights of his works, his claims over the songs are untenable.
Narayan referenced Section 57 of the Copyrights Act, 2012, which grants moral rights to creators to protect their honor and integrity if their work is mutilated or distorted in a derogatory manner. However, he contended that Echo had not negatively distorted Ilaiyaraaja’s works and, therefore, the composer could not invoke these rights to claim ownership.
The ongoing case highlights the complexities of copyright laws in the film industry, particularly regarding the works of iconic artists like Ilaiyaraaja. The court’s decision in this matter will have significant implications for the ownership and distribution rights of musical works created during the pre-digital era of Indian cinema.
