Ilaiyaraaja and his lone battle of copyrights continue

The teaser featured a rendition of the actor’s song “Vaa Vaa Pakkam Vaa” from Thanga Magan. As a Deepavali release, the Superstar-starrer with songs by Ilaiyaraaja ran to packed houses in 1983.

Ilaiyaraaja claimed that this music has been remixed for the “Disco” song in Coolie, which has Anirudh Ravichander’s background score and is set for release in Tamil, Hindi, Telugu, and Kannada.

Meanwhile, the production house is yet to respond to the copyright notice issued by Ilaiyaraaja.

The music director further, emphasised this is a clear violation of the Copyright Act (1957), pointing out that Lokesh Kanagaraj had previously used his works without permission in Kamal Haasan’s Vikram (2022).

in Mauritius pic.twitter.com/QW6wIPnjdI

— Ilaiyaraaja (@ilaiyaraaja) May 2, 2024

Related: Ilaiyaraaja issues notice to Sun Pictures fro unauthorised usage of his music in ‘Coolie’

Ilaiyaraaja’s fight for sole ownership

Interestingly, the Madras High Court recently declared that the maestro cannot claim exclusive ownership of a piece of music.

The composer has been fighting for the rights to his compositions in recent years, alleging he has not received his due and has been robbed of royalties.

In the past, he filed a complaint with Chennai police, saying a firm “commercially exploited” his music without consent, besides filing lawsuits against anyone he believed had offended him, including apps, television-FM channels, and filmmaker Shankar.

Ilaiyaraaja issued a copyright notice to Sun Pictures for using his song without his permission in ‘Coolie’. (Supplied)

A legal notice was eventually served to Ilaiyaraaja’s best friend-playback singer SP Balasubrahmanyam then, who had to stop performing songs of the composer in the USA.

Then, the music director’s brother Gangai Amaran criticised Ilaiyaraaja, for being “narrow-minded” and questioned if he had compensated other composers when he played their songs early in his career, including MS Viswanathan.

Cut to April 2024. Reacting to an appeal filed by Echo Recording Company Private Limited before the Madras High Court, the renowned music composer’s counsel, said, “Yes, I am above everybody,” in opposition to a 2019 order from a single judge that recognised his “special, moral right” to over 4,500 songs he had composed for more than 1,000 films between the 1970s and 1990s.

“I may sound arrogant but it is what it is. I am certainly not above God but below Him; I am above everybody,” the counsel added.

Ilaiyaraaja has often called for “stricter punishment” and stronger laws to address copyright infringement. He has previously claimed that “a few record labels” released his songs, in violation of their copyright by doing so, particularly when they were released in digital and new media formats.

“You must understand that it is wrong to perform my songs illegally and I would like to inform you that legal action will be taken against those who do so,” the music maestro said.

During a 2018 press conference, Ilaiyaraaja stated that he had nothing against other musicians performing his songs.

“You must pay the royalties for the money you make from performing my compositions. You don’t have to pay royalties if you perform my songs, for free,” he clarified.

He also insisted that he was only asking a small amount, adding the fee would go to the Cine Musicians’ Union.

Time to D.I.S.C.O🕺🏼#Disco is now available on all streaming platforms😎 #Coolie

🎦 https://t.co/u4EzoFxrPM
🎵 https://t.co/uXcx4WdOD8@rajinikanth @Dir_Lokesh @anirudhofficial @anbariv @Dir_Chandhru #CoolieDisco pic.twitter.com/92iy3SKctQ

— Sun Pictures (@sunpictures) April 24, 2024

Related: Madras High Court rejects Ilaiyaraaja’s claim of sole ownership of a song

Filmmakers disagree

South First spoke with a few producers, who disagree with Ilaiyaraaja’s viewpoint.

“The producers gain ownership of the song if it is used in a film. Truth be told, we should ask what Raja sir is fighting for. We hire a composer and cover his studio fee, technicians, and other expenses,” said a producer in Kollywood.

Late SP Balasubrahmanyam with Ilaiyaraaja. (Supplied)

One of the producers raised a pertinent point. “In the 80s, there was no YouTube or digital media rights. I don’t think it’s fair to ask for compensation now for songs Raja sir had composed then.”

But who has a right over compositions?

Well, a musician-teacher feels that copyright laws in India are dicey. “You can find anything you’re looking for in it, and nearly all parties involved will discover provisions and guidelines that support their interests,” he told South First.

A veteran producer-distributor concurs, “Let’s say, I grew the crops and pledged to offer the merchant my produce in exchange for a payment. Does it mean the coconut tree I planted can be claimed by the vendor?”

A music composer-song writer told South First, “There is no such thing as a completely original composition. Everything influences us; we are all inspired by something. Every song begins with an idea, just as every fire begins with a spark. The secret is to reinvent, instead of either replicating or reiterating.”

With the speed at which technology is developing and the variety of ways that music is distributed, copyright confusion is unlikely to go away immediately.

A film critic, on condition of anonymity, observes, “According to copyright regulations, the producer would receive half of the proceeds, with the remaining portion being divided among the lyricist, composer, and singer. If the producer has given the terms of his music rights to any audio label, then that company will also receive a portion of it. Any song is a collaborative effort and cannot be credited to a single person.”

However, what about the singers? “A song’s creation is the product of the combined efforts of orchestra players, singers, lyricists, and composers. Similar to vocalists, these people receive no royalties. There must be equal footing in the negotiations,” notes the critic.

Also Read: ‘Aranmanai 4’ is frontrunner in Tamil watchlist for May 2024

Yuvan backs Ilaiyaraaja

The Copyright Act, of 1957 was significantly amended by the Copyright (Amendment) Act, of 2012.

The mandatory royalty-sharing clauses, the broadcasters’ statutory licensing regime, the new copyright societies’ scheme, the safe harbour provision for internet intermediaries, and other modifications are among them.

The Madras HC recently denied his claim for sole ownership of a song. (Supplied)

In 2019, the writer interviewed Ilaiyaraaja for The Indian Express. The composer said he did not have a choice but to defend his work in court.

When she asked him why, at the height of his success, he hadn’t raised all of these issues.

He replied, “I spent all my time simply making music. I didn’t have time to think about anything. Only I hold the right to my songs. They are my creations. When someone earns money from that, shouldn’t I get my due share? If I ask for that, how is it wrong?”

The composer’s son Yuvan Shankar Raja supported his father.

He said in a 2019 interview, “I have also given some of his tracks a remix. The first thing I do in that situation is ask my dad for a No-Objection Certificate. I think it’s appropriate to get someone’s consent before utilising his work.”

The advent of the internet has changed the way copyright works. With so many parties involved in creating music, many grey areas remain, points out another seasoned musician.

“Copyright regulations need to carefully balance protecting the rights of writers, musicians, and photographers with allowing the general public access to their works,” he notes, adding, “Amid concerns that current legislation is outdated in the internet age, the copyright laws need a digital makeover.”

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