Read Time: 04 minutes

Synopsis

The Kerala High Court on Wednesday, October 25, quashed the criminal proceedings initiated against the makers of movie 'Kantara' over copyright infringement of the song 'Varaharoopam'.

An FIR was registered at the Kozhikode Town Police Station in 2022 alleging offences punishable under Section 63 of the Copyright Act.

It was alleged that 'Navarasam' song of Thykkudam Bridge Band was plagiarised as "Varaharoopam" song in the movie.

Senior Counsel Joseph Kodianthara, appearing for the makers submitted before court that the entire dispute between the petitioners and the victim were settled and they had no objection in quashing the proceedings.

The counsel appearing for the victim also submitted that the matter was settled and the victim had no objection in quashing the prosecution.

"After going through the entire facts and circumstances, I am of the considered opinion that, the dispute is private in nature and the settlement can be accepted", observed Justice PV Kunhikrishnan while quashing the criminal case.

Last year in November the Kerala High Court had dismissed pleas by the Producers (Hombale Films) of movie Kantara challenging ad-interim injunction orders of two Courts restraining the Producers of the movie from using the song Varaha Roopam over an alleged copyright dispute.

In the pertinent matter ‘Thaikudam Bridge’, a musical band (also the first respondent), had filed a suit against the petitioner and respondents 2 to 10, inter-alia, to declare that they are the original author and composer of the original song ‘Navarasam’. The band had further alleged that they have the absolute moral and certain legal rights and entitlements reserved to it under the Copyright Act.

The two orders of temporary injunctions restraining the Producers of the movie Kantara from using the song in theatres, were passed by Palakkad District Court and the Kozhikode District Court, which were put to challenge before the High Court.

The injunction order of the courts restrained the Producer, Hombale Films from exhibiting, releasing on OTT platforms, streaming, distributing, or communicating to the public, the song in dispute until further orders.

Case Title: Vijay Kirgandur vs. State of Kerala