Tussle over tunes

Ilaiyaraaja has been in the news for the past few years due to his views on copyrights and royalties for his music. From quitting the Indian Performing Rights Society (IPRS) to requesting radio channels to stop playing his songs, there has been quite a furore from his end on this issue.

Now, it has reached a high point with the legendary composer sending a legal notice to veteran singer SP Balasubrahmanyam for not seeking permission to perform songs composed by him at a recent concert in the USA.

“A couple of days ago, an attorney representing Shri. Ilaiyaraaja, sent legal notices to me, Smt. Chithra, Charan, organisers of the concerts in different cities and the management of all the venues, stating that we are not supposed to perform compositions of his without his permission. If we do, it is breaking the copyright law and we would have to pay huge financial penalties and face legal action (sic),” SPB wrote on his Facebook page, late on Saturday night.   He added, “In these circumstances, our troupe cannot perform Isaijnani’s compositions from today. (sic)”

This uncomfortable situation has shaken the music industry, and has once again raised the question of how regulated the procedure of copyright and royalties is, in the music industry.

“This comes under the IPRS, which is the agency entrusted with getting the composers the royalties they deserve. If it had been functioning properly, he would have millions in his pockets by now. It is unfortunate that he chose this way with someone he has had a bonding with over so many years. We wish it had not happened this way, but there are so many things associated with it, that we can’t help but witness this uncomfortable situation,” says singer Vijay Yesudas. He adds, “This is a legal procedure that needs to be clarified to everyone. IPRS is not a government body as such, and there are many irregularities with the body too. Although, I wish that Ilaiyaraaja sir had sent SPB  sir a congratulatory note rather than a legal notice.”

Although, Ilaiyaraaja’s copyright consultant E Pradeep Kumar, who addressed the media on this issue said that the composer has been giving press meets on the issue and that SPB has created a situation where a legal notice had to be sent. “We leave the decision of how much to pay to the payees themselves. All they have to do is seek permission and pay a royalty fee. But no one is willing to pay even one rupee. People want to utilise him free of cost,” he was quoted saying.

Singer Sunitha Sarathy opines, “While the issue of composers and singers not being paid royalty is valid and justified, it is sad to see two legends, who complemented each other for many years, entangled in this issue.” Saying that the issue of royalties is something that should be the responsibility of event organisers, she adds, “This puts us singers in a sad spot. It should be the responsibility of the event organisers and we should stay out of this. There should be serious regulations in this issue.”

P. Sanjay Gandhi, president of Intellectual Property Rights Attorney Association based in Chennai, says, “As per the latest copyright rule, everyone including the singers and music composers have separate royalty. A ‘performance production right’ should be brought into action to avoid such hassles. It’s sad that such a law is not there in our country — it’s high time the Parliament pass it. In this SPB-Raja case, Ilaiyaraaja has got the copyrights to his songs and he can issue a legal statement to anyone who sings his songs without permission. But sadly, SPB was unaware of it. All the singers and composers should be aware of the copyright rules and should know about the legal action behind it.”

(With inputs from Merin James)