Case Note & Summary
The plaintiff, Rupalli P. Shah, claiming to be the executrix of the last Will and testament of O.P. Ralhan (deceased), filed a suit seeking to restrain defendants Adani Wilmer Ltd and Saregama India Ltd from infringing the copyright in the song 'Meri Duniya Hai Maa Tere Aanchal Mein' from the film 'Talash' produced by the deceased in 1969. The plaintiff alleged that the copyright in the song vested in the estate of the deceased and that the defendants were using the song without license. The defendants contended that the plaintiff had no ownership of the copyright in the song, as the music was composed by a third party (R.D. Burman) and the lyrics were written by a third party (Majrooh Sultanpuri), and the producer had not obtained any assignment of the copyright in the musical work. The court analyzed the provisions of the Copyright Act, 1957, particularly Sections 13, 14, 17, and 19, and held that the producer of a cinematograph film is the first owner of the copyright in the film, but the copyright in the underlying musical work remains with the composer unless there is a written assignment. The plaintiff failed to produce any assignment or evidence that the copyright in the song was transferred to the deceased. The court also noted that the plaintiff had not impleaded the music composer or lyricist as parties. The court dismissed the Notice of Motion, finding that the plaintiff had not made out a prima facie case for injunction, and the balance of convenience was in favor of the defendants. The suit was also dismissed as not maintainable.
Headnote
A) Copyright Law - Ownership of Copyright in Cinematograph Film - Section 13, 14, 17 Copyright Act, 1957 - The plaintiff, claiming as executrix of the deceased producer, sought to restrain defendants from using a song from the film 'Talash'. The court held that the plaintiff failed to prove that the copyright in the song vested in the estate of the deceased, as the song was composed by a third party (music composer) and the producer had not obtained an assignment of the copyright in the musical work. The court emphasized that under Section 17, the producer of a cinematograph film is the first owner of the copyright in the film, but the copyright in the underlying musical work remains with the composer unless there is a written assignment. (Paras 4-10) B) Civil Procedure - Interim Injunction - Notice of Motion - The court disposed of the Notice of Motion finally at the ad-interim stage as all material was placed before it. The court found that the plaintiff had not made out a prima facie case for grant of injunction, as the balance of convenience was in favor of the defendants, and the plaintiff would not suffer irreparable loss. (Paras 1, 11-12)
Issue of Consideration
Whether the plaintiff, as executrix of the deceased producer O.P. Ralhan, is entitled to restrain the defendants from using the song 'Meri Duniya Hai Maa Tere Aanchal Mein' from the film 'Talash' on the ground of copyright infringement, and whether the plaintiff has established ownership of the copyright in the song.
Final Decision
The Notice of Motion is dismissed. The suit is also dismissed as not maintainable. No order as to costs.
Law Points
- Copyright ownership in cinematograph film vests with producer
- but copyright in underlying musical work remains with composer unless assigned
- Section 13
- 14
- 17 Copyright Act
- 1957
- Assignment of copyright must be in writing
- Section 19 Copyright Act
- Executrix must prove title to sue
- Burden of proof on plaintiff to establish ownership
