Introduction
Indian Record Manufacturing Co. Ltd. (IRM) filed a suit to refrain Ilaiyaraaja from selling his musical works for all his songs in various films produced prior to 2000 by IRM to Agi Music Sdn Bhd.
Backdrop
IRM is a music company engaged in production, distribution and sales of music albums in various forms. IRM acquired the copyright with respect to 30 feature films from its producer directly under an agreement with the producers which entitled IRM for production, reproduction, sale, use and performance including broadcasting throughout the world by any means. IRM was exploiting the right so acquired by making copies of the work in various forms. Ilaiyaraaja is the composer of the songs which are a part of the 30 feature films mentioned above and hence claimed copyright over the musical work being the composer/creator of the work. Ilaiyaraaja contended that in the absence of the agreement between him and the producers of the films, he cannot be injuncted from selling the rights of his musical works.
Plaintiff’s Contentions
IRM as an assignee has the exclusive right to exploit the work as it has been assigned the copyright of the musical work by its producers. As per provisions of the Copyright Act, 1957 (the Act) producer is the first owner of the copyright if there is no agreement to the contrary, as it is the producer, at whose instance the cinematograph film is made. The right of publication or reproduction of the work for publication vests only with the employer (producer). IRM being rightful assignee of the copyright shall be treated as the owner of copyrighted work.
Defendant’s Response
In his response, Ilaiyaraaja denied (as the other two defendants remained ex-parte) that the producers of the films are the first owners of the musical compositions and the sound recording which have been composed by him. He further contended that IRM being a third party to the contract between him and the producer and such third party cannot impeach his copyrights as author. His main contention was that the film producer although has right under Section 14(1) (c) of the Act in the cinematograph film, however, the producer cannot violate the copyright of the composers in the song.
Important Questions of Law that were answered in this case
1. Who is the author and the owner of the musical work and sound recording contained in the Cinematograph Films under dispute?
The Hon’ble Court explained that it is the producer who is the first owner of the cinematograph film; however, in case of musical work in isolation the composer being the author would be the owner of the work. However, this situation changes when the song becomes a part of a cinematograph film as a sound recording. Sound recording is a composite work and the author is the producer of the cinematograph film as per provisions of Section 2(d) (v) of the Act. The Hon’ble Court further held that prior to amendment Act 38 of 1994; the inclusive definition of cinematograph film includes the sound track, if any. Thus, the first ownership of the musical work in a cinematograph film vests with the producer, in the absence of any agreement to contrary.
The Court then went on to explain the logic behind vesting of first ownership of the copyright of a Cinematograph film with the producer. It explained:
“Cinema is a blending of multiple intellectual work like script, music, lyric etc., with the contribution of the performers like actors, singers etc. The producer is the person who takes the initiative and responsibility of lending several intellectual works and performing artists. For the said purpose, the producer invests and engages the authors of the intellectual work as well the performers. On blending several intellectual works and the performance, he becomes the first owner of the cinematograph film. It is he who can desegregate the blending, if necessary to assign the copyright to others under Section 19 of the Act.”
With respect to audio rights in a particular song it was held that “the music as well as the lyrics are two distinct intellectual works. The music composer cannot have any right over the lyrics and vice versa.” Hence it is the producer who has the rights over the song used in a cinematograph film.
Burden of Proof: The Hon’ble Court held that the Burden of proof is on Ilaiyaraaja to show that he had any contract with the producer by which composer he has retained the copy right of the Sound Recordings, in absence of which Producer will be the owner of the copyright.
2. What rights does the Composer retain?
Upholding the verdict of Agi Music Case2 , the Hon’ble Court held that the composer only has special rights of protection from distortion, provided in Section 57 of the Act and none else.
3. Will the right of the Producer of the film override the right of the Composer?
The Hon’ble court upheld the judgement on identical issue by Hon'ble Supreme Court judgment in Indian Performing Right Society Ltd Case wherein it was held that “the right of the composer or the lyricist can be defeated by the producer of a cinematograph film in view of proviso (b) to section 17 of the Act.”
Decision
In absence of any agreement to the contrary between the producer and Ilaiyaraaja, the producers of the respective films are the first owners of the copyright in the musical works and sound recordings. Through an assignment deed, IRM has obtained the copyright by assignment, being a written document signed by the assignor. Thereby, IRM has become the owner of the said copyright and have the right to exploit the same.
In the Copyrights Act, the meaning of the word ‘owner’ and the word ‘author’ are neither interchangeable nor synonyms. They connote different meaning and different persons. A music composer is the author of the work, but not the owner of the work unless the producer who employs the composer expressly gives up his right of ownership in favour of the Composer. IRM is the holder of the agreements assigning the copyright to exploit and is hence entitled for the injunction relief prayed for.
