AIR 2000 MADRAS 454 ::2001 (1) CopyTR 73 ::(2000) 3 Mad LW 38

Madras High Court

Hon'ble Judge(s): M. Karpaga Vinayagam , J

(A) Copyright Act (14 of 1957) , S.2(p), S.14, S.17— "Musical work" - Particular music and tune composed by composer for singing devotional song - Is "musical work" - Composer can claim copyright in it. In the instant case the plaintiffs claim copyright in respect of musical work of both Kandha Sashti Kavacham and Kandha Guru Kavacham recorded in the cassette as "A" and "B" respectively. Further, they claim copyright in respect of the literary work of Kandha Guru Kavacham, since the Lyricist assigned the copyright of the said literary work to the first plaintiff for composing music and tune and to popularise to the public. However, they do not claim copyright in respect of literary work of Kandha Sashti Kavacham, since no one claim any copyright over the said literary work because it is commonly known to all the Hindus. According to the plaintiffs/applicants, the first plaintiff and her deceased sister composed music and tune for Kandha Sashti Kavacham and Kandha Guru Kavacham in the year 1973 and assigned all the rights for recording the said songs to the second plaintiff and accordingly, recorded and the same was distributed to the public in the form of Gramophone record then Compact Disc and Cassettes, etc. Held, the 'musical work' has been defined in S. 2(p). This means a work consisting of music and includes any graphical notation of such....