Khaitan & Co successfully represented Trimurti Films in the Bombay High Court to prevent Super Cassette Industries (T-series) and Vertex Motion Pictures (Milan Luthria) from using a remixed song in their recently released film Baadshaho.
“The legal position has always been that independent rights exist in the lyrics and musical work. This is probably the first time that these rights have been enforced successfully in the course of legal proceedings,” said partner Adheesh Nargolkar. “The infringement was under section 51 of the Copyrights Act. The violation was of the exclusive rights conferred on the owner of a copyright in a literary work (lyrics) and musical work (tune) granted under section 14(a).”
The division bench of the court rejected an appeal against the order by a single judge. The court restrained the film makers from selling or distributing copies of the song through physical or non-physical medium.
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