Bombay high court has declined to grant preliminary relief to Feroz Khan Films for the song “Pyar Do Pyar Lo” in the Film Thank you produced by UTV Movies. The copyright in the song belonged to Firoz Khan Films from their film “Jaanbaazin”. .Justice Dhananjay Chandrachud after hearing the suit decided against granting any relief as the producers were too late in filing copyright infringement suit. He stated that there has been a gross and unexplained delay on the plaintiff’s part though they were aware of the song since March 03, 2011. He observed that approaching the court when the movie is on the verge of release does not justify preliminary relief. Further Justice Chandrachud, noting that the producers of the movie Thank You had spend 60 crores on the film stated that its unjustified in granting any interim relief. The matter is now posted for June 28, with a direction to the counsel of UTV to submit their reply.
UTV Movies argued in the case that they acquired the rights to use the song from Music India, who had validly acquired the copyright from Feroz Khan Films. In response, Feroz Khan Films argued that the copyright transfer to Music India was valid only for two years and the term had expired. The decision in the case will now revolve around the validity of the agreement between Feroz Khan Films and Music India.
Authored by Mr. Vishal Jain