Khaitan & Co Successfully Represents Saregama India Limited In Landmark Copyright Suit

Khaitan & Co Successfully Represents Saregama India Limited in Landmark Copyright Suit

Khaitan & Co advised and successfully represented Saregama India Limited (“Saregama”) before the Bombay High Court in Commercial Intellectual Property Rights Suit No. 101 of 2012, filed by Ms. Rupali Shah, successor to noted film producer O.P. Rahlan.

The suit raised significant issues under the Copyright Act, 1957, as amended in 2012, including claims of copyright infringement, royalty payments, and the scope of perpetual assignment. The central question involved the interpretation of the term "plate" and whether such assignment under the Act transfers all future rights in a sound recording to the assignee.

After extensive arguments by eminent senior counsel, the Bombay High Court dismissed the suit on June 11, 2025, ruling in favour of Saregama. The Court held that all rights in the original work vest perpetually with the assignee upon assignment, resolving a key area of legal ambiguity.

This ruling is expected to serve as a landmark precedent, especially for the Indian music and film industry, as it conclusively addresses the copyright ownership dynamics pre- and post-amendment of the Copyright Act.

The Khaitan & Co team was led by Chakrapani Misra (Partner), with support from Jigar Parmar (Senior Associate) and Pranali Vyas (Associate).

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