“Ude Jab Jab Zulfein” Row: Emami Directed to Pay Rs. 10 Lakhs
Author: Adv. Kavita Srivastav Sharan
Adv. Mittal Nor Patel
Saregama India Limited instituted a copyright infringement lawsuit with the Delhi High Court against Emami Limited, seeking to restrain the latter from using the musical and literary content of the song ‘Ude Jab Jab Zulfein’ in advertisements for its product, Emami Kesh King Shampoo without a license from Saregama.
Saregamas’Contention
Plaintiff contended that they are assignees of all works including musical, literary and sound recordings in the song Udi Jab Jab Zulfein by way of an assignment dated 17/10/1995 by the original producer (BR Films) of the film ‘Naya Daur. BR Films issued a letter dated 31/05/2007 confirming rights assigned to Saregama.
Saregama based its claims on Sections 22, 27, 51, and 55 of the Copyright Act, asserting their exclusive rights. They emphasized that their ownership was additionally affirmed by the Indian Performing Right Society Limited (IPRS) via a certificate issued on November 9, 2023.
Saregama also stated that on 26-10-2023, Emami approached Saregama seeking a license for the lyrics and musical composition of the song in question, and requested copies of documents proving Saregama’s ownership of these works. Saregama responded to the email on 31-10-2023, asking Emami for details regarding the advertisement so that an appropriate quote could be provided. Saregama indicated that the ownership documents were confidential and could not be shared with Emami at that stage, citing practical and customary reasons. Instead of responding to the email, Emami sent a letter on 08-11-2023 claiming to be in search of the rightful copyright owner of the lyrics and music composition of the song in question, and challenging Saregama’s rights. Saregama replied to this letter on 10-11-2023, reaffirming its copyright ownership and providing the IPRS certificate as evidence. Subsequently, in a letter dated 24-11-2023, Emami disregarded the IPRS letter and demanded that Saregama disclose its confidential documents.
Emami’s Arguments
On the other hand, Emami built their defense around their interpretation of the original agreement. They argued that the Agreement dated October 17, 1955, specifically granted sound recording rights exclusively to Saregama, which they claim to have expired as per Sections 26 and 27 of the Copyright Act, 1957. Emami asserts that these rights ceased 60 years after the release of “Naya Daur” on August 15, 1957, marking their expiration on August 15, 2017. Additionally, Emami questions the validity of the letter dated May 31, 2007, issued by B.R. Films, which Saregama relies upon to support their claim. Emami contends that this correspondence does not constitute an assignment agreement and, therefore, does not substantiate Saregama’s claim of ownership. Emami offered to deposit a sum of Rs. 10 lakhs without prejudice to their rights and contentions to show their bonafide as they were open to pay the license fee to the actual owner.
Court’s Decision
As an interim arrangement, the Hon’ble High Court directed Emami to deposit Rs. 10 Lakhs with the Court Registry within two weeks. Simultaneously, Saregama was directed to submit documents and an affidavit detailing the fees charged by them for licensing similar works. The Hon’ble Court observed that if after hearing the parties it is found that the amounts to be deposited should be varied, the same shall be considered by the Court.
This ruling would have a significant impact on the musical and advertising industries in India as the decision highlights the essential need to obtain the appropriate license for the use of copyrighted content in commercial setups.