INTRODUCTION

This case arose when Emami Limited (Defendant) used the song ‘Udi Jab Jab Zulfein’ from the film ‘Naya Daur’ in their advertisement for Emami Kesh King Hairfall Shampoo without obtaining a license from Saregama India Limited (Plaintiff), which holds the copyright for the song. Saregama India Limited filed an application under Order 39 Rule 1 & 2 and Section 151 of the Code of Civil Procedure, seeking an interim injunction to restrain Emami Limited from using the musical and literary works of the song without a license.

To understand this case better, it’s essential to understand musical copyright. For more details, read this article:

• Copyright Protection in Music Industry

DETAILS OF THE CASE:

1. Facts of the Case:

   • The plaintiff filed a lawsuit against the defendant for using the musical and literary works of the song “Udi Jab Jab Zulfein” in the advertisement for Emami Kesh King Anti Hairfall Shampoo without a license. The defendant approached the plaintiff for a license and requested copies of the plaintiff’s ownership documents. The plaintiff responded to the email, but the defendant informed them that their ownership documents were confidential. The plaintiff reiterated its rights on the copyrighted works and shared a certificate from the Indian Performing Right Society Limited (IPRS). The defendant disregarded the IPRS letter and demanded the plaintiff disclose its confidential documents. The plaintiff claims to be the assignee of all works, including musical, literary, and sound recording rights, for the entire sixteen-year copyright term. The rights were assigned by M/s BR Films, the original producer of the film, and confirmed by the Indian Performing Right Society Limited.

2. Parties to the Case:

   • Plaintiff: Saregama India Ltd.
   • Defendant: Emami Ltd.

3. Key Legal Issues:

   • Whether Saregama India Limited still holds the copyright to the musical and literary works of the song ‘Udi Jab Jab Zulfein’.
   • Whether Emami Limited’s use of the song in their advertisement constitutes copyright infringement.

4. Court Proceedings:

   • Interim Injunction (I.A. 32063/2024): The plaintiff filed an application seeking an interim injunction under Order 1 & 2 to prevent the defendant from using the song ‘Udi Jab Jab Zulfein’ in their advertisement. The court decided to hear the matter.
   • Exemption from Pre-institution Mediation (I.A. 32064/2024): The court exempted both parties from pre-institution mediation.
   • Permission to File Video in Pen Drive (I.A. 32067/2024): The plaintiff sought permission to file the advertisement video in which the song was used in a pen drive format.
   • Exemption from Appearance (I.A. 32068/2024): Saregama’s counsel was exempted from personal appearance in court under certain conditions.

5. Contentions of the Parties:

   • Plaintiff: The plaintiff claims to have exclusive rights to the song ‘Udi Jab Jab Zulfein’ from the movie ‘Naya Daur’, based on an agreement with M/s BR Films in 1955 and 1957. They argue that the defendant infringed their copyright by using the song in their advertisement for Emami Kesh King Hairfall Shampoo without obtaining a license from the plaintiff.
   • Defendant: The defendant argued that the rights assigned to the plaintiff under the 1955 agreement were limited to sound recording rights only, which expired after sixty years from the film’s release. They dispute Saregama’s ownership over the musical and literary works of the song.

6. Court Decision:

   • On 3rd July 2024, the court allowed the plaintiff’s application for an interim injunction under Order 39 Rule 1 & 2 of the Code of Civil Procedure, 1908. The defendant is restrained from using the song ‘Udi Jab Jab Zulfein’ in their advertisement for Emami Kesh King Anti Hairfall Shampoo without obtaining a license. The court also directed the defendant to deposit Rs. 10 lakh as a legitimate license fee, which the defendant agreed to.

CONCLUSION

This case exemplifies a copyright dispute where the court must determine the validity of ownership claims over a cultural work and assess whether unauthorized use constitutes infringement. The interim measures, such as the deposit requirement by the defendant, illustrate the court’s approach to balancing the interests of both parties pending a final decision.

REFERENCES

• https://jpassociates.co.in/copyright-protection-in-music-industry/
• https://www.scconline.com/blog/post/2024/07/08/delhi-hc-directs-emami-to-deposit-10-lacs-for-infringing-saregama-india-copyright-on-song-udi-jab-jab-zulfein/#:~:text=Jab%20Jab%20Zulfein’-,Delhi%20High%20Court%20directs%20Emami%20Ltd.%20to%20deposit%20Rs.%2010,original%20producer%20of%20the%20film.
• https://indiankanoon.org/doc/138793701/
• https://www.livelaw.in/high-court/delhi-high-court/delhi-high-court-saregama-song-copyright-infringement-by-emami-262431
• https://bwlegalworld.com/article/delhi-hc-directs-emami-to-deposit-10-lakhs-in-suit-for-infringement-by-saregama-indi-525493

AUTHOR: Ms. Pragati Tomar, pursuing B.A. LL.B. from Prestige Law College, Gwalior