‘Mahanadhi’ Shobana moves court over copyright violations 

Justice G Jayachandran, before whom an application arising out of a civil suit from Shobana, came up for hearing on Monday, ordered notice returnable by December 20.

CHENNAI: K SHOBANA (37) of Alwarpet, known as ‘Mahanadhi’ Shobana for her role as ‘Kaveri’ in the Kamal Haasan starrer Tamil film ‘Mahanadhi’ as a child artist, has moved the Madras High Court to restrain the Symphony Recording Company and its partner, Rajesh S Dhupad, in Saligramam, from infringing upon the copyright over her devotional song rendition on ‘Kanda Sashti Kavacham’ and school rhymes ‘Twinkle Twinkle Little Star’.

Justice G Jayachandran, before whom an application arising out of a civil suit from Shobana, came up for hearing on Monday, ordered notice returnable by December 20. According to advocate Harihara Arun Somasankar, Shobana, also a recipient of the State’s prestigious ‘Kalaimamani’ award, was assigned to sing six ‘Kanda Sashti Kavacham’ songs when she was 14-years-old in 1996 by Symphony Recording Company, and she obliged. As it was a commercial hit, Symphony assigned her to render another rendition on school children rhymes, numbering 33, such as ‘Twinkle Twinkle Little Star’. And it was also a hit.

Now, she has moved the High Court seeking to restrain the company from exploiting her rights over the songs and demanded Rs 20 lakh towards damages. Somasankar contended that the alleged contract entered into, by Shobana and Symphony, is void or non-est in the eyes of law because at the time of contract in 1996, she was just 14 years old and a minor and was incompetent to enter into the same as per Section 11 of the Indian Contract Act.

Moreover, as per section 19(5) of the Copy Rights Act, the period of assignment is only for five years, which was 2011. Despite this limitation, Symphony was unlawfully exploiting the works of the plaintiff (Shobana), Somasankar added.

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