The Delhi High Court has restrained Balaji Motion Pictures, Zee Entertainment Ltd, ALT Digital from using/exploiting the copyrighted works of the song “Var Dhagala Lagli Kal” in their film ‘Dream Girl’..The interim order was passed by a Single Judge Bench of Justice Rajiv Sahai Endlaw in a suit by Saregama India (plaintiff) against Balaji Motion Pictures, Zee Entertainment and ALT Digital India Media (defendants)..The plaintiff alleged that the defendants were exploiting its copyrighted works i.e. the sound recording and the underlying musical and literary works in the song “Var Dhagala Lagli Kal” (original song), in their film ‘Dream Girl’..The plaintiff claimed that the defendants had “adopted, used and synchronized” the song ‘Var Dhagala Lagli Kal’ without seeking any licence or consent..The plaintiff alleged that the defendants “recreated” the original song as “Dhagala Lagli” for their film by copying the “integral part” of the original song. It was claimed that it was this “integral part” or the “hook” through which the song was commonly known by the general public..The plaintiff even sent a legal notice to Balaji Motion Pictures on the issue. However, when the same did not materialize, it was constrained to approach the High Court..The plaintiff informed the Court that it acquired the rights over the sound recordings and underlying musical and literary works in the songs of the cinematograph film “Bot Lavin Tithe Gudgulya”, which included the original song, from the original producer of the film i.e. M/s Sadichha Chitra in 1979..The said rights were assigned to the plaintiff in perpetuity and thus the plaintiff was the rightful owner of the songs in the said film including the original song, it was stated..Lastly, the Court was informed that ALT Digital Media had even been royalty to the plaintiff until the year 2019-2020 for a “list of songs” which included the original song and was now estopped from disputing the title of the plaintiff.The defendant, on the other hand, claimed that the owner of the copyright in the original song was Dada Kondke and not the plaintiff. It was also stated that the allegedly infringing material constituted only two lines in the song played at the end of the film along with end credits and which is also part of the promotional videos/audios of the film, which was compensable..The defendant argued that its song was entirely different, with a different theme and was at best an adaptive/transformative work..After hearing the parties, the Court ruled in favour of the plaintiff and awarded an interim injunction against the defendants..“The defendants, though have not denied infringement of copyright, have not even whispered in their arguments, that they have any right or title to the song copyright wherein is infringed.“, the Court said..It further added,.“I am of the view that once the defendant no.3 (ALT Digital) has so accepted the right and title of the plaintiff in the subject song, at least at this prima facie stage, the principles of estoppel would apply and for the present purposes the said title has to be accepted.”, it said..“Not only have neither counsel for the defendants in their arguments on 11th September, 2019 and 12th September, 2019 not controverted infringement of the subject song in the forthcoming film but the plaintiff has also filed before this Court at pages 39 and 40, the printout from YouTube where the defendants, while advertising their forthcoming film have stated “Relive Dhagala DREAM GIRL style” clearly admitting that the defendants are inciting interest in their forthcoming film „Dream Girl‟ as well as in its music, by referring to the subject song in which the plaintiff claims rights.“, the Court observed..The Court also took note of certain publicity material where it is admitted by the defendants that “Dhagala Lagli” is a recreated version of the original song which was in Marathi..It further added,.“I have also heard both the songs and find the impugned song in the forthcoming film of the defendants has the same catchline and is likely to be referred in all music albums and otherwise by the same words, as the original song, with everyone identifying the song in the forthcoming film of the defendants with the original song in which the plaintiff claims copyright. Once it is so, infringement is established.”.The Court thus restrained Balaji Motion Pictures, Zee Entertainment Ltd, ALT Digital from using/exploiting the copyrighted works of the song “Var Dhagala Lagli Kal” in their film ‘Dream Girl’ during the pendency of the suit..“The defendants are specifically restrained from including in their film the objected portion of the impugned song subject matter of this hearing and/or from using the same for any other purpose whatsoever.“, the Court ordered..The matter would be heard next on December 12..The plaintiff was represented by Senior Advocates Parag Tripathi, Chander M. Lall with Advocates from Khaitan & Co including Ankur Sangal, Ajay Bhargava, Sucheta Roy, Shiva Tokas and Richa Bhargava..The defendants were represented by Senior Advocate Neeraj Kishan Kaul with Advocate Vivek Jain, Suchitra Kumbhat and Hardik Rupal, Manav Gupta, Esha Dutta, Sahil Garg, Devang Kumar, Mansi Khanna..Read the order:
The Delhi High Court has restrained Balaji Motion Pictures, Zee Entertainment Ltd, ALT Digital from using/exploiting the copyrighted works of the song “Var Dhagala Lagli Kal” in their film ‘Dream Girl’..The interim order was passed by a Single Judge Bench of Justice Rajiv Sahai Endlaw in a suit by Saregama India (plaintiff) against Balaji Motion Pictures, Zee Entertainment and ALT Digital India Media (defendants)..The plaintiff alleged that the defendants were exploiting its copyrighted works i.e. the sound recording and the underlying musical and literary works in the song “Var Dhagala Lagli Kal” (original song), in their film ‘Dream Girl’..The plaintiff claimed that the defendants had “adopted, used and synchronized” the song ‘Var Dhagala Lagli Kal’ without seeking any licence or consent..The plaintiff alleged that the defendants “recreated” the original song as “Dhagala Lagli” for their film by copying the “integral part” of the original song. It was claimed that it was this “integral part” or the “hook” through which the song was commonly known by the general public..The plaintiff even sent a legal notice to Balaji Motion Pictures on the issue. However, when the same did not materialize, it was constrained to approach the High Court..The plaintiff informed the Court that it acquired the rights over the sound recordings and underlying musical and literary works in the songs of the cinematograph film “Bot Lavin Tithe Gudgulya”, which included the original song, from the original producer of the film i.e. M/s Sadichha Chitra in 1979..The said rights were assigned to the plaintiff in perpetuity and thus the plaintiff was the rightful owner of the songs in the said film including the original song, it was stated..Lastly, the Court was informed that ALT Digital Media had even been royalty to the plaintiff until the year 2019-2020 for a “list of songs” which included the original song and was now estopped from disputing the title of the plaintiff.The defendant, on the other hand, claimed that the owner of the copyright in the original song was Dada Kondke and not the plaintiff. It was also stated that the allegedly infringing material constituted only two lines in the song played at the end of the film along with end credits and which is also part of the promotional videos/audios of the film, which was compensable..The defendant argued that its song was entirely different, with a different theme and was at best an adaptive/transformative work..After hearing the parties, the Court ruled in favour of the plaintiff and awarded an interim injunction against the defendants..“The defendants, though have not denied infringement of copyright, have not even whispered in their arguments, that they have any right or title to the song copyright wherein is infringed.“, the Court said..It further added,.“I am of the view that once the defendant no.3 (ALT Digital) has so accepted the right and title of the plaintiff in the subject song, at least at this prima facie stage, the principles of estoppel would apply and for the present purposes the said title has to be accepted.”, it said..“Not only have neither counsel for the defendants in their arguments on 11th September, 2019 and 12th September, 2019 not controverted infringement of the subject song in the forthcoming film but the plaintiff has also filed before this Court at pages 39 and 40, the printout from YouTube where the defendants, while advertising their forthcoming film have stated “Relive Dhagala DREAM GIRL style” clearly admitting that the defendants are inciting interest in their forthcoming film „Dream Girl‟ as well as in its music, by referring to the subject song in which the plaintiff claims rights.“, the Court observed..The Court also took note of certain publicity material where it is admitted by the defendants that “Dhagala Lagli” is a recreated version of the original song which was in Marathi..It further added,.“I have also heard both the songs and find the impugned song in the forthcoming film of the defendants has the same catchline and is likely to be referred in all music albums and otherwise by the same words, as the original song, with everyone identifying the song in the forthcoming film of the defendants with the original song in which the plaintiff claims copyright. Once it is so, infringement is established.”.The Court thus restrained Balaji Motion Pictures, Zee Entertainment Ltd, ALT Digital from using/exploiting the copyrighted works of the song “Var Dhagala Lagli Kal” in their film ‘Dream Girl’ during the pendency of the suit..“The defendants are specifically restrained from including in their film the objected portion of the impugned song subject matter of this hearing and/or from using the same for any other purpose whatsoever.“, the Court ordered..The matter would be heard next on December 12..The plaintiff was represented by Senior Advocates Parag Tripathi, Chander M. Lall with Advocates from Khaitan & Co including Ankur Sangal, Ajay Bhargava, Sucheta Roy, Shiva Tokas and Richa Bhargava..The defendants were represented by Senior Advocate Neeraj Kishan Kaul with Advocate Vivek Jain, Suchitra Kumbhat and Hardik Rupal, Manav Gupta, Esha Dutta, Sahil Garg, Devang Kumar, Mansi Khanna..Read the order: