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30 January 2012

Song from ‘Agneepath's 'Oh Saiyya’ in copyright tussle

A song from the  recently released film Agneepath has gotten embroiled in copyright issue. The complainant Aditya Salankar, a Nagpur-based artist, moved  to the district and sessions court at Nagpur claiming that the song ‘Oh Saiyya’ was a copy of a song penned by him. The complainant claimed that the song ‘Oh Saiyya’ sung by Roop Kumar Rathod in the movie is similar to his song ‘Teri Meri Kahani Adhoori’. Salankar stated that he penned the lyrics and has even composed the music and was planning to release the song in his album Kaira sometime in February.

 Aditya Salankar has also stated that he has been granted certificate of copyright registration (L-32349/2009) on March 16, 2009. He also added that he had shot a video for the song and got registration from the Central Board for Film Certification on October 10, 2011. Salankar also sent legal notices to the defendants after listening the song but received no reply from the producers and was forced to file a suit for copyright infringement.  Salankar has claimed Rs.2 lakh compensation for violation of copyright from the producers of the movie stating that he has spent over Rs.15 lakh in making of video of the song.

 On Monday, 23rd January, after hearing both songs and scrutinizing copyright documents of the complainant, the judge was of the opinion that both recordings were deceptively similar to each other and even the lyrics, too, were almost same. The judge said “If the film is released before with the debatable song, it may cause irreparable loss to the plaintiff” and hence granted an ex-parte injunction asking the defendant to delete the song from the movie. The judge also asked defendants to file a reply before January 27th.

 After the defendants, Sony Music, along with Karan Johar and Dharma Productions, appeared in the court on Wednesday, the Additional District Sessions Judge, P V Ganediwala, asked the producers to deposit Rs.25 lakh by Monday. Giving a partial relief to the producers, Dharma Productions, court vacated the ex-parte injunction and allowed them to release the Hrithik Roshan, Priyanka Chopra & Sanjay Dutt starrer film 'Agneepath' with only a portion of the song in the  movie. Court also appointed a city lawyer as mediator to resolve the issue. The film was  released on 26th of this month.

Author: Kumar Janmejay

See also My notes, my copyright! Or Not?

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