Producers, Directors Cautioned About Use of Songs Under Copyright

The issue of use of copyrighted music has once again come to the fore, in the context of a recent Delhi High Court judgement against Kannada actor-director and Paramvah Studios, and legal notices being sent by music maestro Ilaiyaraaja to a big production house.

A source close to a prominent Telugu audio company has underlined that filmmakers must obtain 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.

Recently, the Delhi High Court directed Paramvah Studios, led by Kannada actor-director Rakshit Shetty, to pay Rs 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 wilful disobedience of Court orders. Rejecting the argument that the usage was “minimal,” he said, “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 judgment 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 in theatres in January 2024 and later premiered on OTT platforms

Referring to the legal notices sent by Illayaraja to Mythri Movie Makers over use of his songs in films like Good Bad Ugly and Dude, the source said, “Mythri Movies Makers had obtained permission from the audio companies and were legally safe. But they paid Rs 50 lakh to settle the matter since they have good regard for the legendary composer.”

He pointed out that the banner has been taking proper permissions before using copyrighted tracks. “For instance, the song ‘Ee Manase’ from Tholi Prema was used in the Pawan Kalyan film Ustaad Bhagat Singh only after obtaining due clearance; others should also do the same,” he said.

Noting that song rights typically remain with audio companies and enter the public domain only after 60 years from release, the source said, “Even that rule isn’t always clear in practice, so it’s safer to seek permission.”

Recently, the Delhi High Court directed Paramvah Studios, led by Kannada actor-director Rakshit Shetty, to pay Rs 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 wilful disobedience of Court orders.

The song ‘Ee Manase’ from Tholi Prema was used in the Pawan Kalyan film Ustaad Bhagat Singh only after obtaining due clearance; others should also do the same.