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on 2008/4/10 8:46:15
The Bombay High Court on Thursday ruled that two songs in forthcoming Hindi film Krazzy4 are a copy of earlier compositions by jingle composer Ram Sampath and restrained producer Rakesh Roshan from releasing the movie with the songs.
The movie can be released without the songs in question, Justice D G Karnik said.
"To my untrained ear, the music (in two works) appeared to be similar", Justice Karnik, who listened to both Sampath's work for a Sony Ericsson cell phone advertisement, and the two songs composed by Rajesh Roshan for the film, said.
The film was due for release on Friday but the court had restrained producers and distributors of the film from releasing the movie with the songs, which infringes copyright of composer Ram Sampath.
The court also stopped the sale of film's audio CDs and cassettes containing the two songs - Krazzy4 and Break-free - as well as the ringtones based on these songs.
The court also observed that Roshans lacked the bonafides as they changed their earlier stand - revealed by SMS sent to Sampath by Hrithik Roshan that Sony Ericsson had given them NOC for use of Sampath's tunes in the film.
But when matter the reached the court, they gave up this stand, and denied that there was any infringement of copyright, Justice Karnik noted.
The judge held that though the advertisement jingle was only for a few seconds, it was the "catch phrase or hook phrase" that was repeated in the songs.
Roshans' lawyer asked for a stay on the order so that they could appeal, but the judge declined the request.
Opposing the interim injunction, Roshans had offered to give a bank guarantee of Rs 25 lakh to the court to be encashed if eventually Sampath's case was proved.
But the Judge noted that the company, which bought the music rights for the movie, had given a guarantee of Rs 2.5 crore by way of royalty.
In view of this, Roshans' offer of Rs 25 lakh bank guarantee was a "pittance", Justice Karnik said in his interim order.
The judge observed that Sampath had proved "prima facie that musical work in two songs in Krazzy4 and their remixes were a copy of the work in the advertisement" for Sony Ericsson.
The judge noted that three circumstances went against the Roshans.
First, an expert, Shiv Mathur, has stated on affidavit (produced by Sampath) that the tunes were similar. Secondly, there was an indirect admission by Roshans' that a small part of advertisement tunes had been used in the songs.
Finally, the judge himself, "a man illiterate in music," thought that the songs in the movie reminded him of the tunes in the advertisement.
Sampath had claimed that Hrithik had sent him an SMS on April 4 - after case for copyright infringement was filed - that matter could be sorted out by discussion. Hrithik had also said in the SMS that Roshans had bought the right to the tune from Sony Ericsson.
This was also worth considering, judge said. During the hearing, Sony Ericsson did not claim that they held copyright to Sampath's work.
In determining whether a musical work was a copy, the judge said, the test was whether it reminds a layperson of the other work or song.
On listening to the music of the film, he said, "I was unmistakably reminded of the work of the plaintiff".
The judge also refuted the argument that Sampath moved court late, and if an injunction is granted now, it will cause great inconvenience to producers.
He noted that while Sampath sent legal notice in the last week of March, the prints of film were sent to distributors in first week of April, after the case was filed in the court.
Sources close to Roshans' lawyers said they would move the division bench of High Court in the afternoon, to get a stay on the order.
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