SAREGAMA INDIA LIMITED Vs. VELS FILM INTERNATIONAL LIMITED

JUDGEMENT

(1.) The present suit has been filed by the plaintiff against the defendants for infringement of its copyright in the literary and musical work of the song 'En Iniya Pon Nilave' from the cinematograph film 'Moodu Pani' in the cinematograph film 'Aghathiyaa', produced by defendant no. 1, which is slated for release on 31/1/2025. It is undisputed that the defendants have used the lyrics and music composition of the song in question and have caused a fresh recording of the same.

(2.) By this judgment, this Court shall decide the applications filed by the plaintiff and defendant no. 1 respectively, for grant of injunction and vacation of the interim order dtd. 16/1/2025, pertaining to the rights of the parties in the song 'En Iniya Pon Nilave' from the cinematograph film 'Moodu Pani'. While the plaintiff claims right in the said song on the basis of assignment from the producer of the cinematograph film in question, the defendant no. 3 claims his right in the said song, being the music composer of the said song. Defendant no. 1 claims its right on the basis of agreement with defendant no. 3.

(3.) The case, as set up by the plaintiff, is as follows: