SC Issues Notice to Ilaiyaraaja’s Firm on Sony Entertainment Plea to Transfer Fresh Copyright Suit to Bombay HC

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

A Bench comprising Chief Justice B. R. Gavai and Justice K. Vinod Chandran issued notice to IMMA and directed that the matter be listed after six weeks.

Senior advocate Abhishek Singhvi, appearing for Sony Entertainment, submitted that IMMA has instituted a fresh lawsuit in the Madras High Court despite the Supreme Court previously dismissing a transfer petition on similar issues.

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“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 told the Bench, referring to Sony’s earlier purchase of rights related to Ilaiyaraaja’s compositions.

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He argued that the company had legitimately acquired rights over several of Ilaiyaraaja’s works and that the new proceedings amounted to re-litigation of matters already settled in the Bombay High Court.

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

The dispute stems from a 2022 lawsuit initiated by Sony Music Entertainment India in the Bombay High Court, in which the company sought an injunction to restrain Ilaiyaraaja Music N Management Pvt Ltd (IMMPL) from using 536 musical works. Sony claims to have acquired the rights through Oriental Records and Echo Recording, entities with which Ilaiyaraaja has been in prolonged litigation.

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Singhvi contended that the cause of action differs in each case and that the Madras suit pertains to different films from those involved in the Bombay proceedings.

When Singhvi requested a stay on the Madras proceedings, citing their ex-parte nature, the CJI remarked, “Make your prayer to the court and you are already represented there,” declining to grant an immediate stay.

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