TV and YouTube creators can't misuse Ilaiyaraaja's name, photo anymore
What's the story
The Madras High Court has granted an interim injunction in favor of renowned musician R Ilaiyaraaja, protecting his personality rights. The ruling prohibits the unauthorized use of his name, photograph, and other attributes for commercial purposes by television channels, YouTube channels, music companies, social media influencers, and others on platforms like YouTube and Instagram. This decision comes after a John Doe suit was filed by Ilaiyaraaja to safeguard these rights.
Legal argument
Ilaiyaraaja's name and title seen as unregistered trademarks
Justice N. Senthilkumar granted the injunction after hearing arguments from senior counsel S. Prabakaran, representing the plaintiff. Prabakaran argued that Ilaiyaraaja's name and title "Isaignani" (meaning musical genius) have become unregistered trademarks over time. Therefore, no third party can use them for commercial gain without his express permission. The plaint stated that Ilaiyaraaja is regarded as a legend and creative genius worldwide with around 8,500 songs to his credit.
Plaintiff's claim
Ilaiyaraaja's contributions to music industry highlighted
The plaint further stated that Ilaiyaraaja is the only composer globally to have scored music for over 1,450 feature films in nine languages. He has also written lyrics for 1,500 songs and sung around 1,000 songs with a background score exceeding 1.5 lakh minutes. The complaint added that due to his contribution to the music industry, he is one of the most sought-after celebrities who has the right to command and control his name and image.
Plaintiff's request
Now, notice will be sent to respondents
Ilaiyaraaja's plaint mentioned several YouTube channels and Instagram accounts that have been publishing his songs without authorization. He argued that the unauthorized use of his persona is not just a violation of personal rights but an "affront" to his contributions to Indian culture. Alongside the injunction, the court has also ordered measures to remove photos that have already been posted. All respondents must be sent the notice, and their replies must be submitted by December 19, reported Bar and Bench.