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No “Short Use” Excuse: Permission Mandatory for Old Songs in Films
A source close to a leading Telugu audio company has issued a strong warning to filmmakers about the use of old songs in movies, stressing that prior permission is mandatory—regardless of how briefly the content is used.
According to the source, producers and directors must obtain clearance from copyright holders, typically audio companies, before including any portion of an existing song in their films. “Even if it’s just 7 seconds or 15 seconds, permission is compulsory. There are no exceptions for minimal usage,” the source clarified, cautioning that even short clips can lead to legal complications if used without authorization.
Highlighting the seriousness of the issue, the source pointed to a recent ruling by the Delhi High Court involving Paramvah Studios, led by Rakshit Shetty. The court directed the studio to pay ₹25 lakh for unauthorized use of two songs in the Kannada film Bachelor Party. Justice Tejas Karia ruled that even brief usage—31 seconds in one case and 7 seconds in another—constituted copyright infringement and rejected the argument that the usage was “minimal.”
The judgment emphasized that under the Copyright Act, even a single second or frame of copyrighted material cannot be used without proper licensing. The case was filed by MRT Music, which alleged that the songs were used without permission in different scenes of the film.
Closer to home, legendary composer Ilaiyaraaja has also reportedly raised objections over the use of his songs by Mythri Movie Makers in projects like Good Bad Ugly and Dude. Although the production house had secured permissions from audio companies, they chose to settle the issue by paying ₹50 lakh out of respect for the composer.
The source further explained that song rights usually remain with audio companies and only enter the public domain after about 60 years from release—though even this can be legally complex. As a result, filmmakers are advised to always obtain proper permissions to avoid disputes.
