The Hon'ble Delhi High Court in Nivedita Joshi v. Abhishek Ray & Anr., CS(COMM) 1/2024, dated January 4, 2024, granted interim relief in a copyright infringement case involving the lyrics of a song used in a film without proper compensation to the lyricist. The Court directed the film producer to maintain accounts of royalties received and file an affidavit detailing the song's dissemination and earnings.
Facts of the Case:
Nivedita Joshi, the Plaintiff, is a renowned personality who has contributed significantly to the arts and cultural realm in India. In 2011, she penned the lyrics of the song 'Palko Ke Palne' and shared them with Defendant No. 1, Abhishek Ray, who is the music composer of the soundtrack for the film 'Life's Good'. Defendant No. 2 is the producer of the said film.
Initially, the Plaintiff was informed that the movie was to be released in 2011. However, the production was subsequently halted due to financial constraints of the film producer. Importantly, no written agreement was entered into between the Plaintiff and Defendant No. 1 regarding the use of the lyrics.
The cause of action arose in November 2022 when the Plaintiff chanced upon a YouTube video link shared by Defendant No. 1 via WhatsApp. The link revealed that her song had been featured in the film 'Life's Good', produced by Defendant No. 2. This discovery came as a shock to the Plaintiff, as she had not been informed about her lyrics being used in the film, especially after a decade had passed since their creation.
In response to this discovery, the Plaintiff sent legal notices to both Defendants on December 6, 2022. While Defendant No. 1 responded on December 8, 2022, Defendant No. 2 did not submit any response. Subsequently, the Plaintiff filed for pre-litigation mediation on October 4, 2023, before the Delhi High Court
Mediation & Conciliation Centre. Although Defendant No. 1 participated in the mediation proceedings, they were unsuccessful. Notably, Defendant No. 2 did not appear in the mediation proceedings despite being served notice.
Aggrieved by the unauthorized use of her lyrics in the film and its dissemination through various music platforms without fair compensation, the Plaintiff approached the Delhi High Court seeking injunction and other reliefs.
The Plaintiff contends that as the author and first owner of the literary work (the lyrics), she is protected under Section 14(a) of the Copyright Act, 1957. She argues that by using the lyrics as part of the song in the cinematograph film and disseminating it through various music channels, the Defendants are jointly liable for infringing her copyright.
Issue:
Whether the Plaintiff is entitled to interim relief for the alleged infringement of her copyright in the lyrics of the song 'Palko Ke Palne' used in the film 'Life's Good' without fair compensation?
Held by the Court:
The Court prima facie established that: a) The lyrics of the song 'Palko Ke Palne' were indeed penned by the Plaintiff, as admitted by Defendant No. 1. b) The song was produced by Defendant No. 1. c) The song was used in the cinematograph film 'Life's Good' produced by Defendant No. 2. d) The film had a theatrical release, and the song was being promoted and disseminated through various music channels and other media. e) The song credits the lyrics to the Plaintiff.
Considering Defendant No. 2's absence from the proceedings, including the pre-litigation mediation, the Court deemed it appropriate to preserve the royalties being received by Defendant No. 2 or any party on their behalf, subject to the outcome of the present suit.
The Court directed Defendant No. 2 and any person authorized on their behalf to maintain proper accounts of all royalties received from the dissemination of the song through all possible media.
Defendant No. 2 was ordered to file an affidavit within 3 weeks, providing detailed information about: a) The release date of the cinematograph film b) Utilization of the song in question c) Various media through which the song has been disseminated d) The terms of the dissemination transactions e) The royalties received up to the date of filing the affidavit
Both Defendants were directed to ensure that the song, in all its dissemination forms, continues to credit the Plaintiff for the lyrics, thereby preserving her moral rights in the work.
The Court refrained from granting the Plaintiff's prayer for an ex-parte ad-interim injunction to take down the song from various music streaming platforms. Instead, it focused on preserving the Plaintiff's rights through the maintenance of accounts and disclosure of royalties.
To balance the interests of all parties involved, the Court ordered the preservation of the Plaintiff's rights pending the final adjudication of the copyright infringement claim.
Bollywood song copyright dispute
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