Khaitan & Co represented Saregama India Ltd before Delhi High Court in the suit for copyright infringement against Black Madras Films & Illaiyaraja regarding the use of the song “Naguva Nayana” in their film “MASK”. During the hearing, the Delhi High Court has clarified that Illaiyaraja as a Music Composer has no right to grant any copyright license of the sound recording and hence, restrained Black Madras Films from releasing their film “MASK” on OTT Platforms without taking copyright license from Saregama India Ltd.
The Court has also considered that since Illayairaja was just a Music Composer of the said song, he has no right to grant any copyright license of the same.
The deal was assisted by:
Employment, Labour & Benefits: Deepak Kumar (Partner), Ananya Gandhi (Associate) and Sukriti Shrivastava (Associate)
Intellectual property: Sourav Dan (Counsel), Shouraseni Chakraborty (Associate) and Vaishali Adhikari (Associate)x1
Competition / Antitrust: Anshuman Sakle (Partner), Rishabh Vohra (Senior Associate) and Vrinda Bhardwaj (Associate)
The core team consisted of Ankur Sangal (Partner), Shashwat Rakshit (Senior Associate) and Amrit Sharma (Associate).