SAREGAMA INDIA LTD Vs. BALAJI TELEFILM LTD

JUDGEMENT

(1.) This is an interim application in a suit seeking an injunction on the defendants from broadcasting or by any other means showing the cinematograph film titled "Dirty Picture" or at any rate the song therein "Ooh La La Ooh La La". The cause for complaint is this. In part of the above song there is a lyric and tune "Ooh La La Ooh La La". It is said that this part of the song infringes the copyright of the plaintiff in the song "Ui Amma Ui Amma". This song also has a part, which runs "Ui Amma Ui Amma". This song is of an old hindi film "Mawali" the music of which was composed by Mr. Bappi Lahiri.

(2.) It is submitted that the "satellite launch" of the film would be on Sunday i.e. 22nd April, 2012. This means that the film will be widely telecast on and from that day. The plaintiff would be satisfied if the said part of the song "Ooh La La Ooh La La" is deleted.

(3.) During hearing of this application both the songs were played on a laptop for my hearing. Upon hearing the songs it appears to me that the tune of the said part of the song in the film "Dirty Picture" is quite similar to the tune of the said old song. But Mr. S. K. Kapur and Mr. Talak Kumar Bose, learned senior advocates appearing for the first defendant submit that such a small part of the old song spanning a few seconds has virtually no content in lyric or music and thence there is no copyright of any person in it.