Delhi High Court Grants Ex-Parte Injunction Against Ilaiyaraaja; Restrains Exploitation Of Saregama’s 134 Film Sound Recordings

Delhi High Court Grants Ex-Parte Injunction Against Ilaiyaraaja; Restrains Exploitation Of Saregama’s 134 Film Sound Recordings

Introduction

The Delhi High Court has passed an ex parte ad interim order restraining veteran composer Ilaiyaraaja from exploiting sound recordings and underlying musical and literary works over which Saregama India Limited claims exclusive copyright. The Court observed that irreparable loss and injury would be caused to Saregama if interim protection was not granted.

Factual Background

Saregama India Limited instituted a suit alleging copyright infringement against Ilaiyaraaja. The company asserted that between 1976 and 2001, it entered into assignment agreements with producers of several cinematograph films. Under these agreements, copyright in the sound recordings as well as the underlying musical and literary works vested exclusively in Saregama on a worldwide and perpetual basis.

The dispute concerns music from as many as 134 films. According to Saregama, in early February 2026, Ilaiyaraaja uploaded and authorised the use of several of these works on digital streaming platforms such as Amazon Music, iTunes and JioSaavn, while also asserting ownership over them.

Saregama further referred to a legal notice issued by the composer in January 2026 claiming rights over musical works composed by him for various films, including those forming part of the present dispute.

It was contended that under the Copyright Act, 1957, and as clarified by judicial precedent, the producer of a cinematograph film is the first owner of copyright in works commissioned for the film, unless there exists a contract to the contrary. By virtue of the assignment agreements, Saregama claimed to be the exclusive owner of the relevant copyrights.

Procedural Background

The matter came before Justice Tushar Rao Gedela, who considered the pleadings and documents placed on record. The suit was accompanied by an application seeking ex parte ad interim injunction to restrain further exploitation of the disputed works.

The Court was informed that Saregama and Ilaiyaraaja were already engaged in prior copyright litigation, including over the popular Tamil song “En Iniya Pon Nilave,” in which interim relief had earlier been granted in favour of Saregama.

Issues

1. Whether Saregama had made out a prima facie case of ownership over the disputed sound recordings and underlying works.

2. Whether Ilaiyaraaja’s alleged uploading and licensing of the works amounted to prima facie infringement.

3. Whether the balance of convenience and irreparable injury warranted grant of ex parte ad interim injunction.

Contentions of the Parties

Saregama contended that the assignment agreements executed with film producers conferred exclusive and perpetual rights in the sound recordings and underlying works. It was argued that the defendant’s act of uploading and authorising use of the works on streaming platforms, coupled with assertion of ownership, constituted infringement.

The defendant’s position was not recorded at this stage, as the matter was considered ex parte.

Reasoning and Analysis

Upon prima facie examination of the material on record, the Court found merit in Saregama’s claim that it held copyright in the relevant works by virtue of assignment agreements. The Court noted that the producer of a cinematograph film is ordinarily the first owner of copyright in commissioned works, and that assignments in favour of the plaintiff were prima facie valid.

Justice Gedela observed that continued exploitation of the works by the defendant could cause irreparable loss and injury to the plaintiff, particularly given the commercial nature of digital streaming platforms and licensing arrangements. Considering the prima facie case, balance of convenience and likelihood of irreparable harm, the Court deemed it appropriate to grant interim protection pending further adjudication.

Decision

The Court restrained Ilaiyaraaja, his partners, licensees, assigns, agents and all persons acting on his behalf from exploiting, using or issuing licences in respect of Saregama’s copyrighted sound recordings and underlying literary and musical works forming part of 134 cinematograph films listed in the annexure to the order. The defendant was further restrained from asserting ownership or issuing licences to third parties in relation to the plaintiff’s copyrighted works.

In this case the plaintiff was represented by Mr. Chander M. Lall, Senior Advocate alongwith Mr. Ankur Sangal, Mr. Ankit Arvind, Mr. Shashwat Rakshit, Mr. Rishabh Rao and Ms. Annanya Mehan, Advocates.