The Bombay High Court recently restrained Super Cassettes Industries Private Limited from releasing the film Baadshaho with the song ‘ Keh Doon Tumhe ’ from 1974 film Deewar .
The court said Super Cassettes may release the film by removing the infringing song.
Trimurti Films Private Limited, which holds the copyright to the song, had approached the High Court, seeking an injunction on the release of Baadshaho , citing infringement. A single-judge Bench of Justice K.R. Sriram was hearing the plea.
Trimurti Films owns the rights to the lyrics and music of ‘ Keh Doon Tumhe ’ since April 3, 1974, when it entered into contract with lyricist Sudhir Ludhianvi and composer R.D. Burman. On January 2, 1974, the company entered into an agreement with Polydor of India Limited (now Universal Music India Pvt. Ltd.), granting Polydor the right to make and sell gramophone records of songs from Deewar , and the mechanical reproduction rights for this limited purpose.
According to Trimurti, the right to use the sound recording or the underlying work, including lyrics and the tune, for any other purpose whatsoever, remains with them.
According to the counsel of the defendant, as per the 1974 agreement, rights to the song were sold to Polydor, and Super Cassettes procured the rights to use sound recordings in Baadshaho from them.
The original song and the version used in Baadshaho were played in court.
The court said the rights sold to Polydor could at the most be termed as sound recording rights, which are distinct from literary or musical rights. This by no stretch of imagination would permit Universal Music India to allow Super Cassettes to use the lyrics or music of the song in Baadshaho , it said.
The court said, “I am satisfied that a strong prima facie case is made out by plaintiff for grant of injunction. Super Cassettes are hereby restrained from releasing the film Baadshaho containing the song ‘ Keh Doon Tumhe ’.”
