JAVED AKHTAR Vs. MAGIC MANTRA VISION

JUDGEMENT

(1.) This suit is filed by Mr. Javed Akhtar, who is a lyricist, script-writer and poet and has not only scripted many films but has also composed lyrics for numerous film as well as non-film songs. He has been conferred many awards including certain national awards. He had also written lyrics for the film 'Pyar Ki Dhun' produced by defendant No. 1 and created following lyrics for the said film :-

(2.) It is the submission of the learned counsel for the plaintiff that the plaintiff permitted the incorporation of the aforesaid lyrics into the cinematographic film titled "Pyar Ki Dhun" produced by defendant No. 1. No other right to exploit these songs in any other form had been given to the defendant No. 1 and copyright exploitation of the aforesaid songs including publishing rights, master rights, music master rights and music publishing rights remained with the plaintiff.

(3.) The case set up by the plaintiff is that plaintiff remains the sole owner of the rights in the lyrics i.e., the underlying works except the right to make a cinematograph film of his works (in other words the synchronization of the works in the Film). The grievance of the plaintiff is that in violation of his copyright in the said lyrics, the defendant No. 1 has purportedly assigned/licensed rights in the lyrical works in favour of the defendant no. 3 i.e., Sa Re Ga Ma India Limited (previously known as HMV i.e., His Master's Voice). The grievance is that by exploiting/making use of these songs in other forms including audio CD and cassettes etc. the defendants have been depriving the financial benefit thereof to the plaintiff and plaintiff has a right to receive royalty. It is also alleged that defendants have been offering by way of downloads the said songs over the internet and indulging in other exploitation/infringement viz., defendants have been collecting statutory license royalties for version recordings of the above mentioned songs and produced and released in the market by other record companies.