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Tags: Copyright (https://zestip.com/tag/copyright/), Facebook (https://zestip.com/tag/facebook/), original sound recording
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277

Copyright infringement case against Facebook for

infringing Late Ravi Shankar’s original sound recordings
– Sushmita Gupta, student NALSAR University of Law

The District Court, Thiruvananthapuram, ordered (https://spicyip.com/wp-

content/uploads/2021/07/Vempati-Ravi-Shankar-Order.pdf) in favor of the petitioner,
granting interim relief and directing Facebook to take down the contents that
infringed copyrighted original sound recordings of Late Ravi Shankar’s work.
Sweety Priyanka Vempati Ravi Shankar (hereinafter Priyanka), the widow of Ravi
Shankar, filed the suit as some people had posted the original soundtracks of her late
husband’s work without authorization. Ravi Shankar was a world-renowned Kuchipudi
artist (https://www.thehindu.com/entertainment/dance/friday-review-
rayalaseema/article22528771.ece), son of Padma Bhushan awardee legendary
Vempati Chinna Satyam. As the sole legal heir of his original works, she contented that
Ravi Shankar had developed his sound recordings, dance performances and
dramatized many plays in Kuchipudi. The suit said that Priyanka has been carrying
forward the legacy through the institute, Sri Vempati Ravi Shankar School of
Kuchipudi.
It was contended that Priyanka was granted copyright in respect of four sound
recordings composed by Ravi Shankar i.e.,  Swathi Thirunal Nrutyam, Vempati
Ravishankar Nruthyam, Vempati Ravishankar Nruthyam – 2 and Vempati Ravishankar
Nruthyam – 3. A copyright holder has the exclusive right to communicate his work to
the public. As the plaintiff’s sound recordings were used without authorization, so it is
easy for Priyanka to prove copyright infringement.
The petitioner argued that using these original tracks by unknown people on
Facebook violated the plaintiff’s copyright under Section 14(e) and her moral rights
under Section 57 of the Copyright Act, 1957. Section 57 provides special privileges to
the copyright holder, commonly known as moral rights and Section 14(e) gives an
exclusive right to the copyright holder to store and communicate the works to the
public.
The allegations mentioned that several unknown people who claimed to be practicing
Kuchipudi had been using the Kuchipudi Maestro’s original work on several social
media platforms like YouTube, Facebook, and Instagram. Several people had also
been misusing the title ‘Vempati Ravi Shankar’ which distorted the artist’s reputation
and his artistic style. The sole motto of filing this plea is to protect the reputation and
goodwill of the artist. An extensive list of qualities of a person goes into making the
unique personality of an artist, including their name, stage name, nickname, image,
traits, identity, etc., all of which needs to be protected.
While YouTube honoured the notices of the petitioner and took down the work that
infringed the copyright of the plaintiff, Facebook failed to do so.
Therefore, the plea sought a permanent prohibitory injunction restraining Facebook
and other unknown persons from infringing the plaintiff’s copyright over the original
sound recording works and dramatized works of the Maestro’s original sound
recordings and dramatized works. She also sought an injunction restraining the use of
title ‘Vempati Ravi Shankar’ without prior permission of the plaintiff.
On 2nd July, the District Court ordered an interim relief, directing Facebook to take
down the contents that infringed the plaintiff’s rights.
The plaintiff was represented
(https://www.barandbench.com/news/litigation/copyright-kuchipudi-style-vempati-
ravi-shankar-kerala-court-orders-facebook-content-take-down) by Advocate Raghul
Sudheesh and CR Sudheesh, Lakshmi J, Glaxon KJ,  and Amal Jees Alex whereas
Advocate Pazhania Pillai appeared on behalf of Facebook.
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