Producers, Directors Must Seek Permission to Use Old Songs
He advised filmmakers to exercise extreme caution, noting that courts may impose heavy penalties if copyright holders take legal action.
A source close to a prominent Telugu audio company has cautioned that filmmakers must obtain prior permission before using old songs in their movies—irrespective of the duration.
“It is mandatory for producers and directors to take permission from copyright owners (audio companies) before using old songs. Whether it is for 7 seconds or 15 seconds, it doesn’t matter,” the source said, stressing that even minimal usage without a license can invite legal trouble.
He advised filmmakers to exercise extreme caution, noting that courts may impose heavy penalties if copyright holders take legal action.
Citing a recent case, the Delhi High Court directed Paramvah Studios, led by Kannada actor-director Rakshit Shetty, to pay ₹25 lakh for unauthorized use of two songs in the Kannada film Bachelor Party.
Justice Tejas Karia held the studio liable for copyright infringement and willful disobedience of court orders. The court rejected the argument that the usage was “minimal.”
“In any event, the use of the original works in the impugned film was not minimal as the song ‘Omme Ninnanu’ was incorporated for 31 seconds, whereas ‘Nyaya Ellide’ was used for 7 seconds,” the court observed.
The judgment further emphasized that under the Copyright Act, even a single frame or second of copyrighted material cannot be used without permission from the rights holder.
MRT Music had alleged that the songs were used without a license, one appearing on a television in a scene and another sung in a classroom sequence. The film was released theatrically in January 2024 and later premiered on OTT platforms.
Coming closer, maestro Illayaraja has sent legal notices to Mythri Movie Makers over the usage of his songs in films like Good Bad Ugly and Dude. "Mythri Movies Makers obtained permission from the audio companies and were legally safe," he says and adds, "But when a composer of stature like Illarayaja raising objsection, they paid up ₹50 lakh to settle the matter since they have good regards for the legendary composer. The banner has been taking proper permissions before using copyrighted tracks. For instance, the song “Ee Manase” from Tholi Prema was used in a Pawan Kalyan film, Ustaad Bhagat Singh, only after obtaining due clearance; others should also do the same.
The source reiterated that song rights typically remain with audio companies and generally enter the public domain only after 60 years from release. “Even that rule isn’t always clear in practice, so it’s always safer to seek permission,” he concluded.
