Delhi court directs Saregama to pay ₹5 lakh to singer Anamika for wrong copyright strike

A Delhi court has awarded ₹5 lakh in damages to singer Anamika Sood after Saregama issued a wrongful copyright strike that led to the takedown of her song Ferrareee from YouTube..Saket Court district judge Neelam Singh held that Saregama’s allegation that the song infringed its rights in Reshmi Salwar Kurta Jali Da from the film Naya Daur was not made out. The Court rejected the claim that the hook part of Anamika's song copied Saregama’s work.."In view of the aforesaid discussion, this Court holds that the Plaintiff’s song “Ferrareee” comprises original literary and musical works, notwithstanding limited inspiration drawn from a traditional Punjabi folk song in the public domain," the order stated..Sood approached the Court in 2021 after her song, which had garnered around 2 million views on YouTube, was taken down from the platform pursuant to a copyright notice issued by Saregama. She argued that the takedown was unilateral and arbitrary.According to her, YouTube removed the song without furnishing a copy of the complaint or giving her an opportunity to respond. She claimed that the removal resulted in loss of viewership, cancellation of promotional events and reputational harm.The song was later reinstated on the platform, following the withdrawal of the copyright strike by Saregama after she filed a suit against the music company..The Court examined two key issues: whether Sood owned the copyright in Ferrareee and whether she had copied Saregama’s work.On ownership, the Court held that under Section 2(d)(v), the producer of a sound recording is its author. It found that Sood had established her authorship and ownership through documentary evidence, including assignment of rights in the musical composition.The Court noted that Sood’s song drew limited inspiration from the Punjabi folk song Sadke Sadke Jandiya, which is in the public domain. It held that no party can claim exclusive rights over such traditional compositions..Comparing the two songs, the Court found that the lyrics, arrangement, rhythm and overall composition were materially different. It held that even if a portion of melody was inspired, the final work was a distinct and original expression.Crucially, the Court recorded that Saregama failed to produce any material to substantiate its claim of similarity. Its own witness admitted that no evidence had been placed on record to show that the “hook part” of the two songs was the same..While Sood claimed damages of over ₹80 lakh on account of sponsorship losses, cancelled events and mental agony, the Court found that these claims were not adequately supported by evidence.It nevertheless held that the wrongful copyright strike and takedown had caused harm, particularly given that removal from YouTube wipes out viewership and affects monetisation.Accordingly, the Court awarded ₹5 lakh in damages..Anamika was represented by Advocates Tejveer Singh Bhatia and Kiratraj Sadana.Saregama was represented by Advocates Neeraj Grover, Ankur Sangal, Sucheta Roy and Shashwat Rakshit..[Read Judgment]