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2012 Supreme(Del) 1307

PRADEEP NANDRAJOG, S.P.GARG
Indian Performing Right Society – Appellant
Versus
Aditya Pandey – Respondent


Advocates appeared:
For the Appellant:P.V. Kapur, Sr. Adv. instructed by Ameet Datta, Udit Sood, Himanshu Bagai, Jagdish Sagar, Aman Anand, Siddhant Kapur, Mayank Mikhail Mukherjee, Vimal Nagrath, Thomas George, & Hari Shankar, Advocates.
For the Respondents:C.A. Sundaram, Sr. Adv. & N.K. Kaul, Sr. Adv. instructed by Abhishek Malhotra, Harsh Vardhan, Zafar Inayat, Yogesh Kotemath, Ms. Rohini Musa, Ms. Sahana Basavapatna & Bhuvan Mishra, R1 to R2 - S.K. Bansal, R4 - Neel Mason, Advocates.

Judgment :

PRADEEP NANDRAJOG, J.

1. What we commonly understand as a song consists of three elements: lyrics, music and singing. There are three players. The lyricist who provides the words; the musician who provides the music score; and the singer who provides the sound to the words. The trinity join: a song is created. Thus, a song is music which is vocal in character. It is but natural that in a song, the words and the music have a special relationship. Words affect the melodic line, even the rhythmic structure. The inflection of the language in the lyrics leaves an imprint on the melody and the rhythm; on style and phrasing. When a song is sung there is a moving romance between the words and the music.

2. Do the identities break when their fusion creates a synthesized product i.e. when a song is recorded?

3. Undoubtedly, when a song is recorded there is homogenization of the lyrics with the musical score; where integration is articulated through the multi-level hierarchical system of inter-dependence.

4. But integration is not fusion just as differentiation is not fission.

5. Can it be said that the development process i.e. creation of a song is based neither on integration


















































































































































































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