Ilaya Raja vs S.P.Balasubrahmanyam…..An Indian Film
Music Copyright Mini Case Study
Film Music in South Indian Languages(Tamil, Telugu,
Kannada, Malayalam) are widely known for its innovation and eclecticism in music,
blending Carnatic, Hindustani, and Western music with a range of melodic and
rhythmic patterns. Ilaya Raja is a reputed music maestro with more than 5000 songs in several languages,
but mainly in Tamil to his credit. S.P. Balasubrahmanyam (SPB) is like-wise a
top rated playback singer in a variety of Indian languages for different music
composers including significantly from Illaya Raja.This is an Indian Film Music
Copyright Mini Case Study of Film Music Composer Illaya Raja vs Film Music Playback
Singer S.P.Balasubramanyam
The main case is discussed in the links given below from which this
mini case is based are as under:
|
|
|
|
 |
|
o
Watch these YouTube.videos,wherein Ilaya Raja himself
has been accused of copying
|
|||
The Copyright Act (1957) which was amended in 2012, states that music
composers will be paid royalty during his or her lifetime, as well as 60 years
after death. Societies have been formed to make sure that members including
artists, musicians, composers and lyricists get their rightful royalties.
However, the truth is far from what has been stated in the law. The copyright movement,
royalties, licensing – is pretty new in India. Issues like that raised by the case of Ilaya
Raja vs S.P.Balasubrahmanyam will help streamline the Copyright Act to make for
a permanent solution. Artists, lyricist, composers and musicians are
often at their wits end, wondering how to get their due share of the royalities
for their creative ventures.
The questions to be discussed are:
SPB was on a world tour, performing
at various concerts. The commercial tour with a plethora of songs composed by
Illaya Raja was organized by his son Charan with event managers in the US, with
no earnings accruing to the Composer Illaya Raja.
o
Is
it ethically fair?
§
Yes
§
No
o
Is
he justified in singing Ilaya Raja’s songs in the shows without the prior permission
of Ilaya Raja?
§
Yes
§
No
o
Is
this a copyright violation?
§
Yes
§
No
o
Who
pays the royalty in India when singers perform?
§
The
owners of the venue
§
The
copyright societies
§
The
singer (SPB)
§
The
event managers (Charan and his team)
o
“The person being sought to be sued is
the singer himself, whose voice is part of the product.” Is this a
fair state of affairs?
§
Yes
§
No
Do you agree with his views?
§ Yes
§ No
