Copyright Assignment Not Limited to Physical Medium, Dismisses Suit Over Classic Bollywood Songs: Bombay HC

Introduction

In a path-breaking decision acknowledging the changing dynamics of copyright law, the Bombay High Court threw out a suit on song rights from evergreen Hindi films by O.P. Ralhan productions. The court said that the rights to exploit these songs were indeed effectively assigned in perpetuity and not confined only to physical formats like gramophone records or cassettes

Background

The suit was filed by Rupali P. Shah, daughter of the late filmmaker O.P. Ralhan, against Adani Wilmar Ltd. and others. She alleged unauthorized exploitation of songs from seven of her father’s films, including Talash, through digital platforms and advertisements. The plaintiff contended that the original assignment agreements, dating back to the 1960s and 70s, permitted only physical use, and did not extend to modern formats.

Court’s Observations

Justice Manish Pitale examined the agreements and found that they granted broad rights to the assignee — “by any and every means whatsoever” and “in perpetuity.” The Court held that such language clearly indicated the intent to include all modes of exploitation, present and future.

“This Court is unable to read the limitation only to physical mediums as canvassed on behalf of the plaintiff,” the judgment noted.

On the issue of duration, the Court clarified that the assignments were perpetual and not confined to a particular time frame or medium.

The plaintiff had also argued that the term “sound recording” was not defined under the Copyright Act, 1957 at the time of the agreement. However, the Court rejected this, stating that the substance of the assignment—being musical sound—was sufficiently clear, and the absence of specific terminology did not negate the transfer of rights.

The Court also relied on the parties’ conduct over the decades, observing that the defendants had been commercially exploiting the works without objection for years — reinforcing the wide scope of the rights assigned.

Conclusion

This decision re-validates the fact that copyright assignments, when articulated clearly, do not get limited by advancements in technology. The Court’s acknowledgment of medium-neutral rights brings in the badly needed lucidity to copyright holders and content exploiters at a time when digital distribution is very much prevalent. It also acts as yet another reminder of the necessity to draft futuristic agreements within the entertainment industry.