Clash of the titans: What are the legal requirements and why did Ilayaraja notify the Rajinikanth movie's producers?

The well-known composer brought attention to the problem of intellectual property and fair use when he sent a legal notice for allegedly copying one of his songs without his consent.

For what reason did Ilayaraja send a notification to Rajinikanth's Coolie's producers?

The makers of Rajinikanth's movie Coolie received a legal warning earlier this month from seasoned music director Ilayaraja for allegedly exploiting a song he wrote without his consent.

Ironically, the film's trailer borrowed a song named "Va Va Pakkam Va" from Rajinikanth's 1983 film Thanga Magan. Ilayaraja wrote this well-known song, and he says the producers used it in the promo without getting his consent.

The music director had already given a similar warning to the late S.P. Balasubrahmanyam for performing his songs at concerts without permission, thus this is not the first time he has done so for suspected unauthorized usage of his tunes.

The Copyright Act of 1957 protects the intellectual property of creative works, including music, movies, and pictures. Ilayaraja sent out these notifications alleging infringement on his intellectual property.

This unique circumstance raises concerns about the kind of copyright that a music director has, the fine line that separates infringement from fair use, and some significant rulings that have been made in this area. These features are explained by Moneycontrol.

Who is the song's copyright owner?

Until they provide their signature to someone else, the creator of the work retains ownership of it under copyright laws. The scenario is quite different when it comes to film music, however, since songs that are used in movies sometimes include other components such as cinematography.

According to Swati Sharma, partner and head of intellectual property at Cyril Amarchand Mangaldas, "the composer is the work's creator and, therefore, its owner in the case of a musical composition. It is believed that the producer was the original proprietor of the cinematograph film. The producer retains initial ownership of the musical work in a cinematograph picture when the song is included as a sound recording. She did point out that things may change if the film's producer and music director have a contract that says otherwise.

In other words, the song is first attributed to the film's producer. However, if a music director has a contract that addresses song ownership, the provisions of that contract will specify who is the rightful owner.

Indeed, Ilayaraja is embroiled in a legal battle of his own with the Indian Record Manufacturing Company (INERCO), a business that claims to be the owner of the music rights of thirty films that were released in the late 1970s and early 1980s. INERCO filed a complaint in the Madras High Court. Additionally, INERCO has requested a ban on other parties utilizing these music.   Ilayaraja was found not to have any rights to these songs since his contract did not cover them, according to a single-judge ruling.  The seasoned music composer is now appealing this ruling to a two-judge high court panel.

Senior partner at Circle of Counsels Jasmine Damkewala claims, "The producers in turn are alleged to have written contracts with the music company." Thus, Mr. Ilaiyaraaja may only assert his creative rights insofar as they were stipulated in the initial agreement and contract between him and the producers.

Copyright and fair usage

Under the doctrine of fair use, which is based on copyright law, someone may use another person's creative work for educational, scholarly, research, news reporting, teaching, or other purposes without the owner's consent. The limits for claiming exemption from infringement under fair use are outlined in Section 52 of the act.

It is understandable that there is ongoing discussion over fair usage and copyright violation. To put it simply, fair use allows you to quote or borrow a phrase from a song to critique a musical work; but, rewriting the same song without the artist's consent violates their copyright. According to partner-designate Amit Panigrahi of Luthra & Luthra Law Offices India, "It is a way to preserve the sanctity and originality of such work and its creator."

An infringement occurs when a work protected by copyright is utilized for purposes other than fair use. That is to say, it is considered infringement when someone makes money off of another person's copyrighted creation.

Sanjay H. Sethiya, managing partner at Law Square, quoted a Delhi High Court ruling when he said, "The court noted that fair use involves careful investigation of both legal principles and factual considerations." The court's position that the onus is on the organizers to prove otherwise—despite the fact that commercial usage is usually regarded with suspicion and assumed to unjustly damage the market for the owner's work—was especially significant. This decision underscores the intricate relationship that exists in the digital era between intellectual property rights and the public interest.

According to one expert, Ilayaraja's use of the song in a promotional campaign to launch the new Rajinikanth movie eliminated any chance that it was fair usage. In any case, everything would depend on whether Mr. Ilaiyaraaja had protected the copyright of his compositions at the time of their creation, according to Damkewala.

A few prior instances

Yash Raj Films Pvt Ltd (YRF) filed a lawsuit against Sri Sai Ganesh Productions in 2019 for distributing and redistributing the Telugu version of Band Baaja Baaraat, a Hindi movie, without the studio's permission.

"The court via the test for copyright and fair use, found in favor of YRF, granting an injunction against Sri Sai Ganesh Productions as well as awarding damages for the violation of copyright in this matter," said Shikha Ohri, partner at Praxis Urja.

"The courts have generally opined on fair use of sound recordings / musical work in gatherings," Sharma said. In the following cases, it has deemed playing copyrighted music to be fair use: Durga Puja celebrations, a legitimate religious ceremony (Indian Performing Right Society Ltd. vs. Eastern Indian Motion Pictures Association); marriage processions along with additional social/cultural festivities (Copyright Societies vs. Wedding Planners Association; Artists' Association vs. Municipal Corporation).