South cinema witnesses a rise in audio copyright infringement cases

—Chokkapan S
Two songs from the recent Kannada film Bachelor Party (2024) are the latest to be embroiled in an audio rights dispute, marking another instance for actor-director Rakshit Shetty whose 2016 film Kirik Party faced a similar issue. This year, Malayalam actor Prithviraj’s film Guruvayoor Ambalanadayil drew the ire of Tamil music director Sirpy for using one of his hits without crediting him. Music legend Ilaiyaraaja even took legal action against the makers of the upcoming Rajinikanth film, Coolie, and the Malayalam hit Manjummel Boys for ‘unauthorised’ usage of his yesteryear chartbusters. Kannada blockbuster Kantara also faced a court battle over a song allegedly inspired by a Kerala band’s composition. In light of so many instances of copyright infringements in South cinema, we take a closer look at what constitutes copyright infringement and how to avoid such issues.

What is copyright infringement?Copyright infringement is the use of copyrighted material without the permission of the copyright owner. Copyright laws protect the intellectual property rights of artistic creators, encompassing various forms of content, such as music. A copy in music copyright is either reproduction or redistribution of a sound recording. Unauthorised use of copyrighted material may lead to legal repercussions and financial penalties.
‘Film industry is in the dark about copyrights’Shrinish Shetty, CEO of Paramvah Studios, that is embroiled in a copyright issue, said, “The song portions we used are of a schoolgirl singing a popular retro number in her class and another song plays on TV. In fact, we have used two other songs that belong to another music label and paid royalties for them. Now, we have left this matter to the courts because we too would like clarity on what copyright infringement is. It would also help the fraternity at large which is groping in the dark when it comes to musical copyright issues.”
‘No music director wants to copy others’ songs, but sometimes are forced to’ In 2012, with Mahesh Babu’s Businessman faced accusations of plagiarism. The film’s composer SS Thaman was accused of lifting the tune of the hit track, Pilla Chao from the techno mix of the Italian World War II song Bella Ciao. Director Puri Jagannadh openly defended the practice, stating that borrowing from foreign influences was common in filmmaking: “Since the very beginning, we have been using a lot of foreign things in our movies.”
Telugu music director Mani Sharma also spoke about the pressure faced by music directors in an interview to a Telugu YouTube channel. “No music director wants to copy someone else’s song, but when producers and directors ask them to, we have no choice. For Jr NTR’s Aadi in 2002, I was asked to follow a Turkish songwriter Tarkan’s hit number Şımarık to make the Chiki Chiki Bum song. Even though music directors want to give their own music, producers and directors ask for a certain style, so we have to do it in order to successfully please them,” said Sharma.
Filmmakers should adhere to audio copyrights: Audio companiesVellu, of Lahari Recording Company, who has pulled up many films and event organisers for having used their music illegally over the last few decades, says, “Intellectual property of film scores or songs belong to the music companies that have acquired the sound recording copyright from the film producers. Whether you are going to remix / reuse an old classic in its entirety or just show miniscule parts of it in the background, it’s ultimately for commercial purposes. So, one has to approach and negotiate with the music copyrights owner, instead of using music that belongs to somebody else - in any form, illegally.”
Under the copyright scanner
Bachelor Party (Kannada) vs MRT Music (2024)A case was registered against Rakshit Shetty’s Paramvah Studios for copyright violation in Bachelor Party, a film released early this year. The complainant, Naveen Kumar of MRT Music, alleged that the film’s team used the title song from the film Nyaya Ellide (1982) and Omme Ninnannu from Gaali Maathu (1981) without prior permission.
Guruvayoor Ambalanadayil (Malayalam) vs Sirpy (2024)
The Prithviraj-starrer used the Tamil song Azhagiya Laila from Ullathai Allitha in a sequence. While the filmmakers reportedly secured the rights to the song from the music label, they allegedly did not contact or inform the song’s original composer, Sirpy. The composer ruled out initiating legal action, but expressed his wish to be acknowledged in the credits.

For Regn (Kannada) vs HMV (2024)
The makers of the film faced flak for using Mehndi Laga Ke Rakhna from the 1995 Hindi movie Dilwale Dulhaniya Le Jayenge. They coughed up a fine for a scene involving one of the key characters humming the tune.

Kantara (Kannada) vs Thaikkudam Bridge (2022)
The makers of Kannada blockbuster, Kantara, were slapped with a legal case over the song Varaha Roopam by Kerala music band Thaikkudam Bridge, who claimed they copied their song Navarasam. The court ordered that the song be removed from theatres and streaming platforms. It was eventually reinstated after the court lifted the ban.

Kirik Party (Kannada) vs Lahari Music (2020)
Audio label Lahari Music pulled up Rakshit Shetty’s Paramvah Studios for using the interludes of Madhya Rathrili, the song from V Ravichandran’s Shanti Kranti (1991), in the movie’s Hey Who Are You number.

Composer Illaiyaraaja’s music at the centre of several copyright issuesCoolie (Tamil) (yet to be released)
Ilaiyaraaja sent a legal notice to the makers of the Rajinikanth-starrer Coolie for using his song Vaa Vaa Pakkam Vaa from Thanga Magan (1983) in the latest film’s promo without his consent.
Manjummel Boys (Malayalam) (2024)
Manjummel Boys also came under scrutiny when Ilaiyaraaja accused the filmmakers of using his song Kanmani Anbodu without authorisation. The song - originally from the 1991 Tamil film Guna - was featured at several crucial junctures in the Malayalam movie, prompting a legal notice from Ilaiyaraaja’s team.
’96 (Tamil) (2018)
The Vijay Sethupathi-Trisha movie, ‘96, features many songs from Ilaiyaraaja’s hit albums. Back then, the composer accused the makers of ‘96 of not obtaining permission to use his compositions. The issue was resolved after several rounds of discussions.
Dos and Don’ts

1. Do secure legal permission from the copyright owner to use any song or tune commercially, regardless of its length or how it’s depicted. This can be done by contacting the owner or working with a music licensing company
2. Do contact the right people. Music publishers and audio labels manage song rights, so they can grant permission for commercial use
3. Don’t rely on verbal agreements. Always get written permission from the copyright owner to avoid legal issues
4. Do seek legal advice. Copyright laws can be intricate. If unsure about using a specific song, consult a legal expert
5. Don’t forget to credit the owner. Even with permission, always credit the rights owner by name and song title in your project’s credits