Ilaiyaraaja cannot claim rights over his songs like AR Rahman, says 'Echo' in Madras High Court
The counsel also cited section 17 of the Act and defended his client that since Ilayaraja has not parted the copyright of his works with producer he cannot claim any rights.
Madras High Court; Ilayaraja
CHENNAI: Since Ilaiyaraaja has not parted copyrights of his works with film producers like AR Rahman, he cannot claim the rights of his songs which was composed between 1970 and 1990, 'Echo' recording company submitted before the Madras High Court.
The first division bench of acting Chief Justice R Mahadevan and Justice Mohammed Shaffiq heard an appeal preferred by Echo challenging the single judge order, recognising special right of Ilaiyaraaja over the 4,500 songs composed by him.
Senior counsel Vijay Narayan representing Echo submitted that Ilaiyaraaja was commissioned by various film producers to compose songs for their films, since Ilayaraja received remunerations for his works, the copyright for the songs vest completly with the respective producers.
The film producer is the person who pay and engages everyone contributing to the film including director, artists, performers, music composer and lyricist, hence the sound of the film owned by him, said the counsel. Ilaiyaraaja cannot hold the ownership of the his songs as he claims, submitted the counsel.
The counsel also submitted that his client bought the rights of 4,500 songs composed by Ilaiyaraajaa until 1990 from the respective film producers, since he has not made out any agreement with the producers for the copyright of his works like AR Rahman, another ace film composer, he cannot claim the rights.
According to section 57 of the Copyrights Act, 2012, Ilaiyaraaja has moral rights to protect his honour and integrity if any one mutate or distort his work in negative connotation, said the counsel. However, in this case the appellant has not distorted Ilaiyaraaja's work negatively, the counsel contended.
The counsel also cited section 17 of the Act and defended his client that since Ilaiyaraaja has not parted the copyright of his works with producer he cannot claim any rights.
However, the single judge wrote that since Ilaiyaraaja is a music genius the proviso of the Acts will not apply to him and recognised special rights to him. Though
Ilaiyaraaja is a prolific composer, all people are equal before the eyes of law and nobody can claim special status, the counsel submitted.
The bench intervened and observed that even the trinity of carnatic music Thiyagarajar, Muthuswami Dikshithar and Syama Sasthri has neved claimed themselves above the music and said they are none before the music.
Since the counsel for Ilaiyaraaja sought time, the bench posted the matter on June 19, for further submission.
