Click to play videoMumbai: The Bombay High Court ruled on Thursday that two songs in forthcoming Hindi film Krazzy4 are a copy of earlier compositions by jingle composer Ram Sampath and restrained producer Rakesh Roshan from releasing the movie with the songs.
Ad jingle composer Ram Sampath had sued the makers of Krazzy 4 asking for Rs 2 crore as damages for copying his tune to compose four tracks from the film.
Justice D G Karnik listened to who listened to both Sampath's work for a Sony Ericsson cell phone advertisement, and the two songs composed by Rajesh Roshan for the film, ruled, "To my untrained ear, the music in the two works appeared to be similar."
And its not just the music the film is also said to be a straight copy of the Hollywood flick The Dream Team.
"The movie can be released without the songs in question", Justice D G Karnik added.
The film will be released as per schedule, but without the title track.
The court also stopped the sale of film's audio CDs and cassettes containing the two songs Krazzy4 and Break-free as well as the ring tones based on these songs.
The court also observed that Roshans lacked the bonafides, as they changed their earlier stand which was revealed by an SMS sent to Sampath by Hrithik Roshan saying that Sony Ericsson had given them the NOC for use of Sampath's tunes in the film.
But when matter the reached the court, they gave up this stand, and denied that there was any infringement of copyright, Justice Karnik noted. The judge held that though the advertisement jingle was only for a few seconds, it was the "catch phrase or hook phrase" that was repeated in the songs.
Roshans' lawyer asked for a stay on the order so that they could appeal, but the judge declined the request.
Opposing the interim injunction, Roshans had offered to give a bank guarantee of Rs 25 lakh to the court to be encashed if eventually Sampath's case was proved. But the Judge noted that the company, which bought the music rights for the movie, had given a guarantee of Rs 2.5 crore by way of royalty.
In view of this, Roshans' offer of Rs 25 lakh bank guarantee was a "pittance", Justice Karnik said in his interim order.
The judge observed that Sampath had proved "prima facie that musical work in two songs in Krazzy4 and their remixes were a copy of the work in the advertisement," for Sony Ericsson.
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