Saregama’s Copyright Battle Against Emami Over ‘Udi Jab Jab Zulfein’

This case arose when Emami Limited (Defendant) used the song ‘Udi Jab Jab Zulfein’ from the film ‘Naya Daur’ in their advertisement for Emami Kesh King Hairfall Shampoo without obtaining a license from Saregama India Limited (Plaintiff), which holds the copyright for the song. Saregama India Limited filed an application under Order 39 Rule 1 & 2 and Section 151 of the Code of Civil Procedure, seeking an interim injunction to restrain Emami Limited from using the musical and literary works of the song without a license.

Facts of the Case:

The plaintiff filed a lawsuit against the defendant for using the musical and literary works of the song “Udi Jab Jab Zulfein” in the advertisement for Emami Kesh King Anti Hairfall Shampoo without a license. The defendant approached the plaintiff for a license and requested copies of the plaintiff’s ownership documents. The plaintiff responded to the email, but the defendant informed them that their ownership documents were confidential. The plaintiff reiterated its rights on the copyrighted works and shared a certificate from the Indian Performing Right Society Limited (IPRS). The defendant disregarded the IPRS letter and demanded the plaintiff disclose its confidential documents. The plaintiff claims to be the assignee of all works, including musical, literary, and sound recording rights, for the entire sixteen-year copyright term. The rights were assigned by M/s BR Films, the original producer of the film, and confirmed by the Indian Performing Right Society Limited.

Key Legal Issues:

Whether Saregama India Limited still holds the copyright to the musical and literary works of the song ‘Udi Jab Jab Zulfein’.

Whether Emami Limited’s use of the song in their advertisement constitutes copyright infringement.