SHEMAROO ENTERTAINMENT LTD. Vs. SURYAVEER SINGH BHULLAR

JUDGEMENT

(1.) THIS is an appeal against an order of the learned single Judge, rejecting the appellant's application for urgent ad -interim orders taken out in the above suit which is an action for infringement of copyright. The appellant essentially sought orders restraining the respondents from using or incorporating any part of a song in a film "Mahaan" in a song in a cinematograph film "Tamanchey" to be released today.

(2.) A film titled "Mahaan" was produced by M/s. Satya Chitra International in the year 1983. By an agreement dated 22nd February 2007, M/s. Satya Chitra International assigned, transferred and sold all their negative rights including copyrights and all other rights in the film to one V. Ramakrishna who carried on business in the firm, name and style of M/s. S.S. Communications as a sole proprietor thereof. By an agreement dated 1st March, 2007, Ramakrishna, in turn, assigned the said rights in favour of the appellant. By virtue thereof, the appellant claims to be the absolute owner of all copyright and other rights in the film "Mahan". In the said film is a song titled "Pyaar Mein Dil Pe Maar De Goli Le Le Meri Jaan". That the song was and continues to be famous and well known is not disputed by any of the parties.

(3.) THE appellant's grievance is that a portion of the lyrics of the song along with its striking and catchy tune and subsidiary words from the film are to be used in a film "Tamanchey" co -produced by respondent Nos. 1, 2 and 3. The respondents do not dispute the same. The first about 52 seconds of a song in the film "Tamanchey" have been copied/incorporated from the said song "Pyaar Mein Dil Pe Maar De Goli Le Le Meri Jaan" in "Mahaan". The appellant contends this to be an infringement of its copyright in the song, musical work and lyrics.