Delhi High Court Grants Conditional Injunction in Saregama India Copyright Case

Court Orders Defendants to Deposit License Fees or Remove Infringing Song from Film 'Mask'

In a significant ruling, the Delhi High Court has granted Saregama India Limited an ex-parte ad-interim injunction against Black Madras Films and other defendants in a copyright infringement case concerning the unauthorized use of a song from the film 'Pallavi Anu Pallavi' in the defendants' film 'Mask'. The court directed the defendants to either remove the infringing song, 'Naguva Nayana', from their film or deposit a license fee of Rs. 30,00,000 with the court before releasing the film on online platforms.

Presiding over the case, Justice Tejas Karia ruled that Saregama India Limited holds the copyright to the song, as per a Copyright Assignment Agreement with the original producer, M/s Venus Pictures. The court further noted that the music composer of the song, Defendant No. 5, did not have the authority to license the song to the defendants, as the copyright was vested with Saregama.

The legal conflict arose when Saregama discovered the unauthorized use of their song in 'Mask' and sent a cease and desist notice to the defendants. Despite the defendants' claim of having obtained a license from the composer, the court maintained that the composer did not have the right to issue such a license.

The court's decision underscores the established legal principle that producers of cinematographic works, who commission the creation of music for films, are the first owners of copyright in those works unless there is an agreement stating otherwise. The court cited a precedent set by the Supreme Court in 'Indian Performing Right Society Ltd. v. Eastern Indian Motion Pictures Association'.

While acknowledging the plaintiff's prima facie case, the court also considered the defendants' film's theatrical release. Balancing the interests of both parties, the court allowed the film's online release, provided the license fee is deposited. The next hearing is scheduled for March 23, 2026.

Bottom Line:

Copyright ownership in cinematographic films - Producer of a cinematographic film is the first owner of the copyright in the sound recordings, literary works, musical works, and other works forming a part of the said film, unless there is an agreement to the contrary.

Statutory provision(s): Copyright Act, 1957 Sections 17, 30; Commercial Courts Act, 2015 Section 12A; Code of Civil Procedure Sections 149, 151, Order XI Rule 1(4), Order XXXIX Rule 1 & 2.

Saregama India Limited v. Black Madras Films, (Delhi) : Law Finder Doc Id # 2820370