In a relief to Bollywood choreographer Prabhu Deva, the Bombay High Court has given a green signal to his film Tutak Tutak Tutiya by turning down a plea of a private production house claiming its copyright on the film’s item song.
The decision was taken by a single-judge bench of Justice Gautam Patel, while hearing a Suit filed by one Bapu Arts International, which claimed its copyright on the film’s item song – Saddi Rail Gaddi Aayi.
The plaintiff (Bapu Art International) claimed that it used the said song in its Punjabi film Dushman Dee Aag, released in 1990.
According to the plaintiff, the said Punjabi song was for the first time composed and penned down for the purpose of and during the making of their film. The plaintiff also claimed of bearing all the costs for the making and producing the said song sung by popular Punjabi singer Mangal Singh, along with musical composition and music direction by popular musician Gurdas Mann.
Terming the song of being a ‘big hit’ among the public in 1990s, the plaintiff argued that it was the ‘true and rightful’ owner of the said song.
Accordingly, the plaintiff had sought interim relief by staying the release of the Sonu Sood-starrer film, which is expected to hit the theatres today.
However, while perusing the documents on record, Justice Patel observed, “The Plaintiff’s claim that it commissioned one Dr. Bal Sidhu to create and compose this song is uncertain at best. He has issued a certificate on October 2, 2016 in relation to this song saying that he held all the rights in this song and that he has allowed the makers to use the song in their forthcoming film titled Tutak Tutak Tutiyaa.”
“In my view, this in itself is sufficient to dislodge any prima facie case that the Plaintiff claims to have had. If the song belonged to the Plaintiff at all times and since inception, there would be no question of Dr Sidhu claiming rights,” Justice Patel noted.
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