New Delhi: Legal trouble has surfaced ahead of the theatrical release of Tu Meri Main Tera Main Tera Tu Meri, with Trimurti Films Pvt Ltd moving the Bombay High Court against Dharma Productions, Saregama India Ltd and rapper-composer Badshah over the alleged unauthorised use of the iconic song Saat Samundar Paar.
Proceedings have been initiated before the Bombay High Court alleging copyright infringement of the 1992 chartbuster from the film Vishwatma. Damages of Rs 10 crore have been sought by Trimurti Films, along with a permanent injunction restraining the use of the song’s tune, lyrics or any part of it in the upcoming film, scheduled for release on December 25, or in any other project.
Copyright infringement claim linked to 1992 Vishwatma chartbuster
The suit, titled Trimurti Films v. Dharma Productions & Ors., names Dharma Productions and Namah Pictures Pvt Ltd as producers of the film. Music label Saregama India Ltd and musician Aditya Prateek Singh, popularly known as Badshah, have also been listed as defendants.
The matter was placed before Justice Sharmila Deshmukh, where it was informed that Dharma Productions and Saregama had already filed replies. The court has now listed the case for further hearing on December 22, when the question of granting urgent interim relief will be considered.
According to the plaint, Trimurti Films is the first owner of the copyright in Vishwatma and all its songs, including Saat Samundar Paar. It has been argued that complete rights over the musical and literary works, as well as the sound recording, vest with Trimurti. This, the production house claims, includes the exclusive right to incorporate the song or any part of it into another cinematograph film.
Legal battle intensifies days before film’s Christmas release
Reference has also been made to a 1990 agreement signed with Saregama’s predecessor, The Gramophone Company of India Ltd. Trimurti has maintained that the agreement only granted limited rights related to reproduction and distribution of the original audio recording.
“The agreement did not confer any right to grant the said song a new identity or character by embedding it within a different cinematograph film, nor to alter, modify or adapt the original work in a manner that results in its transformation or recontextualisation. Any such use amounts to an unauthorised alteration and distortion of the original work undertaken without the consent of the authors of the underlying works,” the plaint stated.
More about Tu Meri Main Tera Main Tera Tu Meri
Directed by Sameer Vidwans, Tu Meri Main Tera Main Tera Tu Meri has been jointly produced by Karan Johar, Adar Poonawalla and Apoorva Mehta under Dharma Productions, along with Shareen Mantri Kedia and Kishore Arora for Namah Pictures. The film stars Ananya Panday and Kartik Aaryan in lead roles.