Saregama India’s Copyright protection for the song ‘En Iniya Pon Nilave stays intact.

Delhi High Court has held that Ilayaraja is not the owner of the Copyright and ordered Vels Film International to pay Rs.30 Laksh as license fee to Saregama

In the recent case of Saregama India Limited vs. Vels Film International Limited & Ors. CS(COMM) 38/2025 & I.A. 1021/2025, I.A. 2163/2025, the Delhi High Court has declared that Saregama India being the producer holds the Copyright in the song ‘En Iniya Pon Nilave and Mr. Ilayaraja, the music composer doesn’t have any right to assign or license the rights of the song. The issue arose from the remake of the song in the upcoming film “Agathiyaa’ wherein Ilayaraja’s son Yuvan Shankar Raja has recreated the same song.

The background to the case is that, the song ‘En Iniya Pon Nliavae’ is an iconic song from the film Moodu Pani released in the year 1980, originally composed by Ilayaraja. The Copyright to the song was owned by Saregama India by way of an agreement dated 25th February 1980 with Raja Cine Arts, who is the producer of the film Moodu Pani and from then they are the Copyright owners of the song.

Recently, Saregama had come across a recreation of the song in the teaser of the film ‘Agathiyaa’, composed by Ilayaraja’s son Yuvan Shankar Raja. Upon noticing this, Saregama issued legal notice, however producer of the movie Vels Films International  responded stating that they have obtained license from the original composer, Ilayaraja to ‘adapt, record and recreate’ the song,  and continued streamed it on several social media platforms. Saregama initiated a suit alleging Copyright infringement, on the basis that the song was used without proper permission or license from the copyright owner.

The crucial issue in the case is the ownership of the various rights in the song. The court after reviewing the matter in detail, applied provisions of Section 17 of the Copyright Act, 1957, and concluded that the Copyright owner of the musical work would be the producer and not the composer, unless there was an agreement to the contrary. Hence, it was held that Saregama India is entitled to the Copyright protection for the song and Ilayaraja has absolutely no rights to issue any license or grant permission to use the musical composition to any third party.

While upholding the rights of the Copyright owner, the Court also considered the substantial amount of time and money spent by Vels Films International in the recreation and adaptation of the song. The court has acted in full fairness and equity and has ordered that Vels Films International pay Rs.30 Lakhs as license fee (as requested by Saregama India) to Saregama India, and if Saregama agrees and accepts their license fee, they can retain the song in the film ‘Agathiyaa’.

This case is  yet another significant precedent which has overlooked the 2012 amendments made to the Act, which had given a broader scope for music composer, and has emphasised on the rights of film producers over the  song’s copyrights.

By Prakalya