Khaitan advises Trimurti in song rights dispute

Khaitan & Co successfully represented Trimurti Films Pvt Ltd before the Bombay High Court in a copyright infringement matter (based on their rights in the lyrics and tune of the famous song “KAH DOON TUMHE” from the film “DEEWAR”) and restraining Super Cassette Industries Limited (T-series) and Vertex Motion Pictures Pvt Ltd (Milan Luthria) from using a re-recoded version using the same lyrics and tune in their film “BAADSHAHO” released on 1 September 2017.

Adheesh Nargolkar (Partner), Nishad Nadkarni (Associate Partner) and Vaibhav Keni (Senior Associate) represented the client on the transaction.

This is a significant development for producers of films in the context of use of old songs their remixes and versions. This is probably the first case where an injunction has been granted in respect of exploitation of underlying works.