Mitali Palnitkar
Published on: March 3, 2022 at 18:30 IST
Sony Music Entertainment India Ltd (Sony) moved the Bombay High Court seeking permanent Injunction against Ilaiyaraaja Music N Management Pvt Ltd (IMMPL) due to Copyright Infringement.
In December 2021, Sony noticed few of its songs over which it acquired Copyright from Echo Recording Company Pvt Ltd were available on YouTube, and were being broadcasted and distributed to the public by IMMPL.
It was claimed by Sony that 228 out of 536 title albums were made available to the public which infringed Sony’s Copyright.
When Sony complained IMMPL about the same, it came to know IMMPL claimed ownership over those recordings. Though Sony made efforts to meet Director of IMMPL, they continued to falsely claim the ownership and continued publishing on social media platforms.
Sony filed a Plaint through VVJ Law Partners stating, “The use and dealing of the copyrighted work of Sony by IMMPL is without any authority or consent of Sony.”
Sony prayed that IMMPL shall be restrained from direct or indirect manufacture, sale, distribution, or publication of the sound recordings specified in the Suit. It further added that IMMPL shall pay Rs 1.5 crore to Sony as damages with 10% per annum interest from the date of filing Suit.
Sony prayed for temporary Injunction Order in its Interim Application during the pendency of the Suit. The Interim Application was listed before the Single-Judge of Justice RI Chagla on March 2, 2022. It is listed for Hearing on March 31, 2022.
Echo had acquired Copyright of sound recordings from movie producers including musical works written and composed by Ilaiyaraaja. There were 536 title albums.
Echo was the absolute owner of the Copyright but later it assigned all ownership rights to Oriental Records USA after entering into agreement. Sony acquired absolute exclusive assignment from Oriental through Catalogue Acquisition Agreement.
IMMPL claimed rights over 310 songs before the Madras High Court, which was rejected.
After Sony acquired copyrighted works from Echo, Sony entered into Confidentiality Agreement with IMMPL to purchase their remaining repertoire. However, Sony discovered later that the copyrighted works were being broadcasted and distributed to the public.
The Suit stated that out of the 536 titles, 115 were available on YouTube and 228 were illegally broadcasted and made available to the public.
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