The Bombay High Court in a recent judgment has granted injunction in favor of owners of copyright of the famous song “Keh Doon Tumhe” [#KehDoonTumhe] against its unauthorized use in a remixed version in the Defendant’s film.
The Defendants in the present case relied on the contention that they had obtained the relevant rights to use the sound recordings from Polydor, who had purchased the same from the Plaintiff.
After hearing the arguments of both the sides, the Hon’ble Court stated that for deciding the present case, only provisions of Section 13 of the Copyright Act, 1957 and the agreement executed between the Plaintiff and Polydor were relevant. Accordingly the Court asserted as follows:
– Separate copyrights exist for sound recordings and literary and musical work;
– Polydor was sold rights in the song only for the purpose of making and selling gramophone records with Plaintiff’s artistic work and utilize such sound tracks for the purpose of re-recording and subsequent manufacture, issue and sale of gramophone records.
In view of the above, the Court held that Polydor had no right to permit the Defendants to use the lyrics and musical or score or song in their film and passed an injunction against them for its use.
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