CHENNAI: The Madras High Court on Monday refused to restrain the producers of the newly-released movie Mrs & Mr from using an altered version of the ‘Sivarathiri’ song composed by Ilaiyaraaja for Kamal Haasan starrer Michael Madana Kamarajan.
Justice Senthilkumar Ramamoorthy, while hearing the civil suits and applications filed by Ilaiyaraaja against the usage of his musical work without authorisation, said, “At this juncture, I am not granting an interim injunction.”
The judge ordered notice to Vanitha Film Productions, which has produced Mrs & Mr, and directed it to file the counter-affidavit within a week before adjourning the hearing accordingly.
Observing that normally the copyright of a cinematographic film, including the musical work, would be with the producer of the movie, the judge said all the issues relating to the rights have to be examined before deciding on the prayers of Ilaiyaraaja.
Actress Vanitha Vijayakumar has starred in the movie, which was released last Monday. It was produced by Jovika Vijayakumar.
Ilaiyaraaja filed the suit and application including the one seeking to grant interim injunction restraining the producers from exhibiting, screening, selling, distributing, publishing, broadcasting, communication to the public by any means, including but not limited to online streaming on any digital platforms, digital communication by any mode or medium, or in any other manner making available the movie Mrs & Mr together with his musical work “Sivarathiri” pending disposal of the suit.
Advocate A Saravanan, appearing for Ilaiyaraaja, alleged that the respondent-producers are using the “personality right” of Ilaiyaraaja by using his name in an advertisement to promote the film, for which they are not entitled.
He submitted that the renowned composer holds the copyright, and so the producers cannot use the song without his permission, but they have chosen to do so even after a legal notice was sent to them on June 13.
Representing respondent-producers, advocate Sridhar submitted that Michael Madana Kamarajan was produced in the 1990s by Echo Recording, and his client has obtained from the producers for the use of the song.
He also pointed out that the copyright claims of Ilaiyaraaja over musical works with Echo Recording have been sub-judice before the High Court.