Chennai: The Madras High Court has restrained the makers of the Tamil film Happy Raj from using a song originally composed by Ilaiyaraaja, finding a prima facie case of alleged copyright infringement.
The interim order was passed by Justice M. Kumaresh Babu while hearing a civil suit filed by Ilaiyaraaja. He contended that his iconic composition Podhuvaga En Manasu Thangam from the 1980 blockbuster Murattu Kaalai had been adapted and incorporated into Happy Raj without obtaining his prior permission or a valid licence.
The film, which was released in theatres March 27, allegedly featured a modified version of the popular song. According to the composer, the work had been altered and used without his consent, constituting a violation of his copyright in the musical composition.
Appearing for Ilaiyaraaja, counsel submitted that the defendants had unlawfully adapted the original composition and commercially exploited it without authorisation from the copyright holder. The petition sought an immediate injunction restraining further use of the song in the film.
After considering the submissions, Justice Kumaresh Babu directed that the disputed song should not be used in ‘Happy Raj’ until further orders. The court also issued notices to the film’s director and producer, calling upon them to file their response to the allegations.
The interim order is expected to have implications beyond the film’s theatrical run. Unless the contentious portion is removed or the required permission is obtained from Ilaiyaraaja, the restriction could affect future television broadcasts, satellite telecasts and releases on over-the-top (OTT) streaming platforms.
Under the Copyright Act, musical compositions enjoy statutory protection, and any reproduction, adaptation or alteration of such works generally requires prior authorisation from the copyright owner. The case once again highlights the legal obligations of filmmakers and production houses when incorporating existing musical works into new productions.
Ilaiyaraaja has, on several occasions in recent years, approached courts to safeguard his intellectual property rights and prevent the unauthorised use of his compositions. The present case adds to a series of legal battles initiated by the veteran composer to enforce copyright protection over his vast catalogue of music.
