Institute of Legal and Management Studies

The Supreme Court on Monday (July 28) dismissed a transfer petition filed by music maestro Ilaiyaraaja's 'Ilaiyaraaja Music N Management Pvt Ltd' (IMMA) seeking to transfer the copyright infringement suit filed against it by Sony Music Entertainment India Pvt Ltd from the Bombay High Court to the Madras High Court.

The bench of CJI BR Gavai and Justices K Vinod Chandran and NV Anjaria heard the matter. The bench noted that Ilaiyaraaja's appeal in the Madras High Court was filed subsequent to the filing of the Sony's suit in Bombay High Court.

Senior Advocate Gopal Sankaranarayanan appeared for the IMMA.

Why Has SONY Sued IMM?

Before the Bombay High Court, Sony Music claims that the Padma Bhushan awardee's company, by streaming music, is infringing at least 228 of the 536 title albums acquired by Sony through a series of transactions with various third parties. Sony states that the exploitation was brought to its notice in December 2021. The Suit was filed in 2022.

It also sought ad-interim reliefs to restrain IMM from live streaming, or asserting any right to receive royalty over the 536 titles acquired by them and to disclose any agreements entered into regarding the title albums.

In the reply affidavit, IMM has accused Sony of making out a "false case of urgency", as the maestro's works (including the compositions Sony claims to own) are being distributed by 'Trend Loud Digital' since 2015.

IMM cited a division bench's order of the Madras HC wherein the court stayed decree passed against Ilaiyaraaja in respect of 310 titles composed by him of the 536 titles.

IMM said that Sony was aware of the distribution when it was negotiating for Ilaiyaraaja's entire repertoire of work last year. Infact, a non-disclosure-agreement was signed by the parties in December, 2021 but the negotiations did not materialize into a deal.

Before the Madras High Court, Ilaiyaraaja sued Echo Recording Company Pvt Ltd claiming right, title and interest in respect of over 310 songs composed by him.

According to the plaint, Echo obtained the copyrights of 536 title albums from various producers of films who were the first owners of such work composed by Dr Ilaiyaraaja and others.

Echo then transferred the rights to Oriental Records USA in February 2020 and from there, through a Catalogue Acquisition Agreement, Sony Music acquired rights for the sound recordings in the same month.

The Madras High Court held that Echo was the legal owner of the sound recordings and was entitled to exploit the same.

The court, however, upheld Ilaiyaraaya's moral rights over his compositions. While Sony cited the Madras High court judgement in its plaint before the Bombay High Court in January 2022, in March 2022, a division bench of the Madras HC stayed the decree after Ilaiyaraaja's counsels submitted that the suit was decreed without their counter claim.

While Sony claims that they wanted to acquire rights to the entire catalogue of Ilaiyaraaja's work (excluding part of the album titles it indirectly purchased from Echo), IMMPL states that the negotiations included the 310 disputed titles.

Case Details : ILAIYARAAJA MUSIC N MANAGEMENT PVT LTD Versus M/S SONY MUSIC ENTERTAINMENT INDIA PVT LTD AND ORS. | Diary No. - 2989/2025