SpicyIP has breaking news that the Calcutta High Court today refused to grant an interim injunction to Anandji, one half of the famed Bollywood music director duo Kalyanji-Anandji, to stay the use of their song from Laawaris (1981) in Housefull (2010), which releases tomorrow.
The petitioners, along with the heirs of the producer of the 1981 film, claim that the rights to the song rest with the original production house, Prakash Mehra productions. The filmmakers of Housefull, on the other hand, claim to have bought the rights to use the song from the music label that released the Laawaris soundtrack.
The original song “Apni Toh Jaise Taise” from the Amitabh Bachhan-starrer Laawaris was sung by Kishore Kumar, composed by Kalyanji-Anandji, and written by Prakash Mehra, who also produced and directed the blockbuster film. (image from here) The Housefull piece is a version of the same song, sung by Mika Singh, with practically the film’s whole cast on show. (Image from here)
We haven’t managed to lay our hands on a copy of the order as yet, but it is likely that Anandji may appeal against the decision. We shall keep track of this story, and report on any interesting developments, if any. I am curious to know why the court refused to grant the injunction.
A brief case-history, culled from this news report in The Telegraph, is that Sajid Nadiadwala, the maker of Housefull, claims to have entered into a contract with the music label Saregama for the rights of the original song. Saregama is the music label on which the Laawaris soundtrack was released. Anandji and Mehra’s heirs claim that the copyright in the song rests with Prakash Mehra productions and no such license/agreement was entered into by them.
The Telegraph story also tells us that Saregama was anticipating a suit on the song:
“Earlier, on April 16, Saregama had in fact moved a case before Justice Patherya and claimed that the company possessed the copyright of the Apni toh jaise taise song. Saregama had prayed for an advance injunction on any suit claiming the copyright of the said song and Justice Patherya had granted it. On Wednesday, Anandji and Mehra claimed that the court should vacate the interim order and issue a fresh order.”
There’s more to this than meets the eye. If the petitioners are to be believed, there appears to have been no agreement between Prakash Mehra productions and Saregama over the use of the Laawaris soundtrack. On what basis did Saregama enter into contract with the makers of Housefull? And so on. We hope today’s order, as well as what emerges from subsequent hearings, will shed more light on the claims.
Meanwhile, those of you who’ve heard both versions of the song will know that the lilt in Kishore-da’s voice is unmatched. No one, and definitely not Mika urf Amrik Singh, can compare.
Separately, and unrelated to the present case, but relevant to the industry, you will know, is how the proposed amendments to Indian copyright law will change the game for the film industry (see here and here, for example). This part of the story is just about warming up.
wow! this was waiting to happen. Wonder what kind of arrangements they had in those days.
I take strong exception in putting Mika Singh in the same class as Kishore da.
I read just now that the Calcutta High Court has issued an injunction against the song until June 2. Was there another hearing today in the court?
Do read this latest from the Kol HC on this case:
http://movies.rediff.com/report/2010/apr/30/hc-stays-use-of-lawaris-song-in-housefull.htm
Freq. Anon.
Today at around noon Justice Patherya heard and allowed the application in connection with the same song, filed by Puneet Mehra, son and representative of the legal heirs of Prakash Mehra, the lyricist of the original song. Stay has been granted by the Hon’ble High Court, Calcutta
(hearsay, please confirm; I am yet to view a copy of the order myself )
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Hi all –
Thanks for the updates, and @Freq. Anon. thanks for the link to the rediff/pti story. I was offline and off-TV yesterday, so I missed the news.
The injunction apears to have been granted on the suit filed by Puneet Mehra/legal heirs of Prakash Mehra. This suit was to be heard on Friday, the day the film was being released.
The story I reported on in this post related to the suit filed by Anandji, of Kalyanji-Anandji, which was heard on Thursday — in this particular case, the injunction was refused. I have confirmation on that.
In any case, if anyone has a copy of the order(s), would be great if you can provide a link! It will be interesting to compare why one injunction was refused and the other granted.
Next update: this time from ToI:
Publication: Times Of India Hyderabad; Date:2010 May 01; Section:Times Nation; Page Number 10
HC edits out ‘Lawaaris’ song from ‘Housefull’
Meena Iyer | TNN
Mumbai: The remix of the hugely popular original ‘Apni Toh Jaise Taise’ song from the Amitabh Bachchan-starrer ‘Lawaaris’ of 1981 has spelt legal trouble for Sajid Nadiadwala’s ‘Housefull’.
The Calcutta High Court on Friday ruled in favour of the late Prakash Mehra’s sons, Punit and Amit, and music director Kalyanji-Anandji, who had filed a case against the ‘Housefull’ producer for infringing on the copyright of the famous ‘Laawaris’ ditty.
The original song was picturised on the Big B; the remix version in ‘Housefull’ is picturised on Akshay Kumar, Arjun Rampal, Riteish Deshmukh and Jacqueline Fernandes.
Amit said on Friday: “We are jubilant. The Calcutta High Court has ordered that the song should be deleted from the film. Prints have been despatched to different parts of India and overseas and so it may not happen at one go but the court order clearly restrains the ‘Housefull’ producer from using our song.”
Amit added that he was hurt that the ‘Housefull’ producers went ahead though he and his brother appealed to them not to use the song.
He said he had also written to the music company Sa Re Ga Ma but it didn’t respond and they had to move court as a last resort.
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Regards,
Freq. Anon.
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