Artist Nivedita Joshi has filed a copyright infringement complaint in the Delhi High Court against the music composer and producer of the film "Life is Good," which was released in 2022, saying that the words of her song "Palko ke Palne," composed in 2011, were used in the film without her knowledge.
Justice Anish Dayal urged Anand Shukla, the film producer, to keep adequate records of all royalties earned due to the song's dissemination through all feasible media.
The Court also urged music composer Abhishek Ray and Shukla to guarantee that the song, as it is distributed, continues to credit Joshi for the words to protect her moral rights in the work.
The Court directed that the film producer (defendant no. 2 here) shall file an affidavit in this regard within three weeks, with a copy to the parties to this suit, giving details of the date of release of the cinematograph film, utilisation of the song in question, various media in which said music has been disseminated, the terms on which said dissemination has been transacted, and the royalties that they have received until the date of filing of the affidavit,
Joshi claimed that she wrote the song's lyrics in 2011 and presented them to Ray, who asked her to finish the rest of the song and suggested it would fit with the concept of an upcoming film called "Life's Good".
According to the lawsuit, Joshi was initially informed that the movie would be released in 2011. However, this was impossible due to the film producer's financial constraints. Joshi and Ray did not sign a written agreement.
It is her position that she is the author and first owner of the song's lyrics, which are protected by Section 14(a) of the Copyright Act of 1957.
She has stated that by including the words in the song, which has now been distributed through a film and independently on music channels, Ray and Shukla are jointly accountable for breaching her copyright.
According to Joshi's pre-litigation mediation petition submitted in October last year, Ray appeared during the mediation sessions. However, it could have been more successful. Despite being served, Shukla was not present in the mediation proceedings.
During the hearing on 4th January, Ray's counsel challenged the issue of copyright infringement, claiming that they commissioned Joshi for song lyrics and incorporated them as part of the musical piece they produced.
It was claimed that in their agreement with the film producer, the lyrics were provided for use in the film.
The Court stated that the song's lyrics were initially composed by Joshi, Ray produced the music, and it was utilised in a film produced by Shukla.
It went on to say that the film was released theatrically and that the song was marketed and disseminated through various music channels and other media, with Joshi receiving credit.
Justice Dayal stated that since Joshi's rights will eventually have to be adjudicated, it would be appropriate if the royalties collected by the film producer and any other party on their behalf may be kept, subject to the outcome.
The next hearing is scheduled for 14 February 2024.
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