Trimurti Films approaches Bombay High Court against use of song "Saat Samunadar Paar" by Dharma Production

A commercial suit has been filed before the Bombay High Court by Trimurti Films Pvt Ltd against Karan Johar’s Dharma Productions for infringing its copyright over the 1992 song “Saat Samundar Paar”.

The matter was listed before single-judge bench of Justice Sharmila Deshmukh which will now be hearing the matter on December 22 on the grant of urgent interim reliefs.

Trimurti Films is renowned for being producer of landmark films like Johny Mera Naam, Deewaar, Trishul, Vidhaata, Tridev, Vishwatma, Mohra and Gupt that defined the action, drama and thriller genres in mainstream Hindi cinema and is home to powerful collaborations with legendary talents - from actors and directors, to writers and music composers. The plaint states that a film titled 'Vishwatma' which was extremely successful at the box office and became a super hit, had songs in the said Film which were well received and sold over two millions copies. One of the songs/ sound recordings titled 'Saat Samundar Paar' (including the lyrics and the tune comprised in the film also became extremely popular and successful and is a well-known and popular classic song till date.

Allegedly in the upcoming film “Tu Meri Main Tera Main Tera Tu Meri”, the unauthorized utilization of the song “Saat Samundar Paar” has been done.

Court has been told that In 1990, the Trimurti had entered into a limited agreement with then The Gramophone Company of India Limited, now Saregama India Ltd.), whereby only restricted mechanical/audio rights were granted for the manufacture and commercial exploitation of records and music cassettes for the song “Saat Samundar Paar”.

Crucially and critically, no rights were assigned to synchronize, adapt, remix, modify, or incorporate the song or its underlying works into any cinematograph film or visual medium and all such rights remained exclusively with Trimurti Films, High Court has been told.

"The Plaintiff has discovered that the Defendants have, without authorization, incorporated and exploited the sound recording “Saat Samundar Paar” along with its underlying works such as the tune and lyrics within the Impugned Film. Such use falls wholly outside the scope of any rights granted under the 1990 Agreement and amounts to unauthorized adaptation, synchronization, and creation of a derivative work and is in violation of the Plaintiff’s copyright", the plaint adds.

The use of the song “Saat Samundar Paar” in the Impugned Film is termed to be deliberate, calculated and clandestine, and carried out without intimation to Trimurti Films and without payment of any royalties or consideration whatsoever, thereby constituting clear infringement of the copyright in the sound recording as well as the underlying works therein.

"At no point did any of the Defendants approach the Plaintiff for permission, authorization or licence, nor did the Plaintiff receive any communication disclosing the Defendants’ intent to exploit its copyrighted works," the plaint states.

Arguing that “Saat Samundar Paar” is an iconic and well-known song exclusively associated in the public mind with Trimurti Films, the petition states, "The Defendants have sought to unfairly freeride on the immense goodwill and reputation attached to the said work in order to make unlawful commercial gains in connection with the Impugned Film. The unauthorized use of the Plaintiff’s work creates a false and misleading impression that the Defendants are authorized by, associated with, or connected to the Plaintiff, thereby constituting misrepresentation, passing off and unfair trade practices, all of which are actionable as civil wrongs. The Defendants’ conduct is dishonest, fraudulent and deliberate, evidencing a clear intent to exploit the Plaintiff’s proprietary rights and to mislead the public for commercial gain."

The plaint adds that the ongoing infringement and acts of passing off cannot be adequately compensated by damages alone, and unless restrained, the plaintiff's ability to exploit its copyright will be permanently and adversely affected by allowing Defendants’ to release the Impugned Film “Tu Meri Main Tera Main Tera Tu Meri” comprising the objectionable and unauthorised use of the sound recording/song “Saat Samundar Paar” and the underlying works therein.

Case Title: Trimurti Films Pvt. Ltd. Versus Dharma Production Private Limited & Ors.