Jasleen Royal’s Fight for Creative Rights: A Battle against Unauthorized Use in the Music Industry

5th November, 2024 - 6:39 am Categories: Copyright Infringement 0 Comments

INTRODUCTION

On March 12th Singer-composer Jasleen Royal filed a case of copyright infringement and unauthorized usage against music label T-Series, lyricist Raj Ranjodh, and singer Guru Randhawa in the Bombay High Court. The case is related to her original musical composition in the song called “All Right”.

It began when she composed some pieces for the events of the movie Runway 34 as of December 2022, Jasleen claims to have delivered those compositions to Raj Ranjodh as part of an association that went on paper through audio-video calls and messages. Fast forward to December 2023, and a song titled “All Right” by T-Series had allegedly been put out. To her shock, Guru Randhawa was singing and performing her original material without authorization or accreditation. She thus sued the three of them for copyright infringement.

One of the significant events of August 28, 2024, was that the Bombay High Court noted defendants agreed to remove the song from all streaming platforms pending further legal proceedings. And even though said decision would stay pending, at this point it’s well over more than crucial for Jasleen as this interim relief gives her, as well as composers everywhere, reason to believe in the importance of upholding the rights of composers against major labels.

A SMALL WIN IN A BIGGER FIGHT

The order was made without consideration of the merits of the case for the removal of the song. It is an exhaustive record of the defendants’ voluntary statement that they shall remove the song. The court further ordered that if any of the defendants wanted to exploit the song in the future, they must give Jasleen two weeks’ notice. This order, though a step forward, remains to be addressed before the courts because the core issues of the case end here.

ROLE OF COPYRIGHT LAWS IN THIS CASE

Unless she transfers or licenses the said rights, she, being a creator of an original work, is the copyright owner under Section 17 of the Copyright Act. This means that if her compositions are used without her permission, she can certainly file a case in court for copyright infringement.

Furthermore, copyright laws bar another party from copying, distributing, and publicly displaying an original work without having received specific permission from the copyright owner. The impugned song being pulled down from streaming services by T-Series on account of the interim order granted by the Bombay High Court is an initial enforcement of Jasleen’s copyright, this time around, however, the Court hasn’t decided on the final verdict of the case.

Two elements usually prove a case of copyright infringement: ownership of the original work and substantial similarity between the original work and the allegedly infringing material. The court will find that it contains portions of substantial portions of Jasleen’s original work without permission and, therefore, satisfies the element of infringement under the Copyright Act. If the Bombay High Court holds that the song is jointly authored by Jasleen and Raj Ranjodh, then both parties would need to give mutual consent to use the song. Consensus for mutual agreement upon joint ownership was agreed in previous Bombay High Court rulings.

PROVING SIMILARITY: A DEEP DIVE

The next legal barrier is proving the song “All Right” to be substantially similar to Jasleen’s composition. Normally, courts determine that if an ordinary listener would find obvious similarities between the two works, then this will suffice for such a finding. In cases such as Ustad Faiyaz Wasifuddin Dagar v. A R Rahman, where the lyrics or arrangement differ, similarities in the very musical composition itself may well be sufficient to prove infringement. If a casual listener can identify these similarities, Jasleen might have an excellent case for plagiarism.

Quantitative as well as qualitative comparison is required. Defendants would argue, as they did in the case of Saregama India Ltd v. Viacom Motion 18 Picture, that all the similarities between the two songs are minor or trivial. In that case, the Court held that a short insignificant use of a song did not constitute infringement.

However, quantity alone doesn’t determine infringement. The quality of the copied material will also be evaluated by the court. In Ram Sampath’s case, for example, Bombay High Court ruled that even a small jingle will amount to infringement if the copied portion was a hook or the core element of a song. This might work to Jasleen’s advantage if the court decides that her composition is what the hook in “All Right” was repeating.

WHAT’S NEXT: THE LEGAL ROAD AHEAD

The first important thing she needs to prove is establishing her copyright ownership over the composition. She could base her arguments on Section 17 of the Copyright Act of 1957, which declares that copyright ownership in respect of an original work vests in the author thereof thereby making strong ground for Jasleen as the composer of the disputed song.

However, there is another side to the story. As she had given her composition to Raj Ranjodh for potential collaboration with Runway 34, it can well be attributed as a work of joint authorship. Even if the court directs that Raj Ranjodh did co-author the composition along with Jasleen, their unauthorized use of the work would still stand unapproved. It is relevant to mention here that in Angath Arts Private Limited v. Century Communications Ltd, it was held that the joint owners of a copyright cannot license the work without mutual consent from the other owners in similar cases.

CONCLUSION

Since Jasleen’s original musical work has not been publicly released, it’s difficult to predict how the court will rule. But if she wins, this case could set an important precedent in the music industry, reminding everyone—from major labels to independent artists—that creative ownership matters. For now, the case serves as a powerful reminder for artists to be vigilant in protecting their intellectual property and fighting for the rights that are rightfully theirs.

Author: Khushboo Pachisia, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at  Khurana & Khurana, Advocates and IP Attorney.