SC seeks response of Ilaiyaraaja's firm on Sony Entertainment's plea in copyright dispute

New Delhi: The Supreme Court on Wednesday sought response of Ilaiyaraaja Music N Management Pvt Ltd (IMMA) on a plea of Sony Entertainment seeking to transfer to the Bombay High Court a fresh copyright dispute instituted by the music composer’s firm in the Madras High Court.

A bench comprising Chief Justice B R Gavai and Justice K Vinod Chandran took note of the submissions of senior advocate Abhishek Singhvi, appearing for Sony Entertainment, that a fresh lawsuit has been instituted by the IMMA in the Madras High Court after the top court dismissed a similar case.

On July 28, the bench headed by the CJI had dismissed a plea of legendary music composer Ilaiyaraaja seeking to transfer a copyright dispute involving over 500 of his musical compositions from the Bombay High Court to the Madras High Court.

Singhvi said, “He is a music composer and I purchased the rights of his music. Now a fresh lawsuit has been filed in the Madras High Court.” Singhvi argued that the ongoing dispute pertains to rights the company had legitimately purchased and that Ilaiyaraaja’s firm was attempting to re-litigate issues already settled in Bombay.

“My suit is regarding my purchase with respect to his rights,” he said, emphasising that the earlier transfer plea filed by the IMMA had already been dismissed by the Supreme Court.

“Issue notice… returnable in six weeks,” the CJI said.

Singhvi said the “cause of action is different” in each case and that the fresh suit filed in Madras concerns “different films” from those involved in the Bombay proceedings.

When Singhvi requested a stay from the top court, citing the ex-parte nature of the Madras proceedings, the CJI said, “Make your prayer to the court and you are already represented there.” Earlier, the bench did not agree to the submissions of the musician that the case be transferred to the Madras High Court.

The counsel for Sony Music Entertainment had told the bench that the case by the firm was filed in the Bombay High Court when no case was pending in the Madras High Court.

The prior legal case started from a lawsuit initiated by Sony Music Entertainment India in 2022 before the Bombay High Court. Sony has sought an injunction to restrain Ilaiyaraaja Music N Management Pvt Ltd (IMMPL) from using 536 musical works.

The company claims it acquired the rights to these works through Oriental Records and Echo Recording, the entity with which Ilaiyaraaja has long been embroiled in litigation.

Ilaiyaraaja is one of India’s most prolific composers with over 7,500 songs across 1,500 films.