The Madras High Court recently declined to issue an interim injunction restraining the use of a classic song composed by Ilaiyaraaja in the newly released film Mrs & Mr, marking a significant development in the composer's attempt to protect his creative works. The suit, filed by Ilaiyaraaja, challenged the unauthorized usage of his musical composition “Sivarathiri”—originally from the Kamal Haasan-starrer—within the film. In addition, the composer raised concerns over the exploitation of his personality rights, alleging that his name and image were being used in promotional material without authorization.
Justice Senthilkumar Ramamoorthy examined the plea and emphasized that no interim relief could be granted without giving the production company a fair opportunity to respond. Consequently, the court directed Vanitha Film Productions, the makers of Mrs & Mr, to file a counter-affidavit within a week and adjourned the hearing to allow the matter to proceed systematically.
Complicating the issue is the question of whether the film’s producers obtained proper clearance for the musical work. The court pointed out that typically, rights to a film's copyrighted material—including its musical compositions—are held by the producer. This raised the need to determine precisely who holds the rights to “Sivarathiri” and whether any contractual or statutory permission exists. Ilaiyaraaja’s legal counsel submitted that the composer retains complete rights to the song and that any usage beyond the limited needs of the original film—and importantly, without his consent—would breach his copyright and moral rights. This includes rights over unauthorized adaptation, alteration, or usage of his music.
On the other hand, the representatives for Vanitha Film Productions claimed that usage rights for the song were secured from an audio recording company. They also highlighted that a related legal dispute involving Ilaiyaraaja, Echo Recording, and Sony Music is currently pending before a Division Bench of the High Court, which may bear on the present matter. The producers are expected to clarify whether their right to use the composition stems from a legitimate transfer of rights by the original rights holders of the song.
In the meantime, the court refrained from halting the film’s exhibition or streaming, choosing instead to maintain judicial caution by allowing the counter-affidavit process to unfold. The refusal to grant an ex parte injunction reflects the court’s commitment to due process, avoiding premature interference while recognizing the complexities involved in music licensing, intermediary rights, and ongoing litigation.
A similar principle has been upheld in related cases, where courts have required proof of rights or permissions before restricting the use of artistic works. In this case, those protections cover both the integrity of the composer’s rights and the legitimate expectations of the producers.
The matter has been listed for further hearing the following week, with the outcome depending on the counter-affidavit and the ongoing litigation regarding Ilaiyaraaja’s broader catalog of compositions.
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