Bombay High Court Declines Immediate Stay on ‘Saat Samundar Paar’ Remix
The Bombay High Court has, for the time being, refused to stop the use of the popular song Saat Samundar Paar in the upcoming film Tu Meri Main Tera Tu Meri. The decision came in a copyright dispute filed by Trimurti Films Pvt Ltd against Dharma Productions, Saregama India Ltd and rapper-composer Badshah.
Justice Sharmila Deshmukh declined to grant urgent interim relief just days before the film’s scheduled release on December 25. Trimurti Films had sought a stay on the song’s use and claimed ₹10 crore as damages, alleging unauthorised remixing of the 1992 hit originally featured in the film Vishwatma.
The Court observed that Trimurti failed to show that the 1990 agreement with Saregama’s predecessor gave only limited rights. The judge noted that the balance of convenience favoured the defendants, especially considering the heavy investment involved in making a cinematograph film.
The Court also pointed out that there was no material to show that the song could be removed without affecting the film’s script or narrative. According to the judge, film production involves substantial financial and creative inputs, and last-minute changes could cause serious harm.
Trimurti argued that it remains the first owner of the copyright in Saat Samundar Paar and that the earlier assignment only covered reproduction and distribution of the original sound recording. It claimed that rights to remix, adapt, or synchronise the song for a new film were never granted.
On the other hand, Dharma Productions argued that the 1990 assignment was absolute and worldwide, covering all rights in the musical and literary work. It was also highlighted that the song had been used earlier in films and advertisements without any objection from Trimurti.
After examining the agreement, Justice Deshmukh noted that its clauses went beyond sound recording rights and extended to all rights and interests in the musical and literary works. The Court concluded that after 35 years, Trimurti could not argue that only limited rights were assigned.
The case will continue to be heard, but for now, the film’s release and use of the remixed song will not be stopped.
