Sat Feb 01 09:52:13 UTC 2025: ## Delhi High Court Rules Against Unauthorized Use of Classic Tamil Song in Upcoming Film
**New Delhi, February 1, 2025** – The Delhi High Court has ruled in favor of Saregama India Limited, granting them copyright protection over the classic Tamil song “En Iniya Pon Nilave” from the 1980 film “Moodu Pani.” The court’s decision prevents Vels Film International Limited, the producer of the upcoming film “Aghathiyaa,” from using the song without a license.
Vels Film had included a recreation of “En Iniya Pon Nilave” in the teaser for “Aghathiyaa,” prompting Saregama India to file a copyright infringement suit. While Vels Film claimed to have obtained a license from the original song’s composer, the court disagreed.
The court’s ruling clarified that under Section 17 of the Copyright Act, the producer of a film, in this case Raja Cine Arts (producer of “Moodu Pani”), is the first owner of the copyright to the sound recording, literary work, and musical work within the film. Therefore, the composer holds no copyright unless a separate contract dictates otherwise. The court found that Vels Film did not possess the necessary rights to use the song.
Acknowledging Vels Film’s significant investment in recreating the song for “Aghathiyaa,” the court allowed its use, contingent upon a ₹30 lakh deposit with the court’s Registrar General. This decision balances the protection of copyright with the practical realities of filmmaking, ensuring Saregama India receives due compensation for the unauthorized use of their copyrighted material.
First Piper 