The court order came on a petition against the film Wales by Sargama India, which was for violation of its copyright in the literary and music work of the song ‘An Iniya Pon Nilway’. Photo Credit: Special Arrangement

The Delhi High Court has recently ruled that without the license of the producer of the upcoming film ‘Aghthia’, Wales Film International Limited, Sargama India Limited, ‘En Inia Pon Nilway’ can not use the song, which the film ‘Mudu’ Copyright in the original song of. Water ‘.

However, the court, given that the Wales film has invested “important money” to entertain the sound recording of the song, has allowed it to use the song in its upcoming film, which is ₹ with the Registrar General of the Court. It is subject to a deposit of 30 lakhs.

“The court is considering that irreparable loss will be due to the defendant no. 1 (Vels film), if it prevents the song from using the song, already as part of its cinematograph film, ‘Aghthiya’, the court noted in the 30 January order.

The court order by Sargama India came on a petition by Sargama India against Wales for violation of copyright in the literary work of ‘An Iniya Pon Nilway’ from the 1980 film ‘Mudu Pani’.

Sargama India argued that the film ‘Mudu Penny’, i.e., the creator of Raja Cine Arts, has an agreement with it for Sound Recording and Musical and Littlery Works (then known as ‘The Gramophone Company of India Limited’) Entered into The songs from the film ‘Mudu Pani’, including the song ‘An Iniya Pon Nilway’.

Recently, on January 9, 2025, Sargama India said that it was “shocked” to come to a teaser of the film ‘Aghthia’ on various social media platforms, in which a ‘entertainment’ of the song ‘En Inia Pon Nilway’ Was involved. ,

However, the Wales film responded to the legal notice sent by Sargama India, saying that it had licensed the music composer of the original song “customization, record/rebuilding”.

The court, which then went into the basic question as to whether the copyright sargama in the song ‘An Iniya Pon Nilway’ lies in India, or whether the song is a copyright of the vest with musicians.

It concluded that according to Section 17 of the Copyright Act, the creator of a film or a sound recording, sound recording, literary works, music works and other works are the first owners of copyright, which make a part of the film.

“… There is no copyright in the musician of music, unless there is a contrast between the musician and the producer of the cinematograph film and the producer of the producer,” said this.

“Not a defendant. 3, as music composer, there is no copyright on literary work, ie, song or sound recording. Therefore, due to no right over songs of songs, there is no question of not the defendant. 3 A third party has any right to entrust the rights in the songs of the song, ”the court said.