'Saat Samundar Paar' copyright row: Trimurti Films denied relief
What's the story
The Bombay High Court has refused interim relief to Trimurti Films Pvt Ltd in a copyright infringement case over the song Saat Samundar Paar. The company had alleged that its song was being exploited in the upcoming Dharma Productions film Tu Meri Main Tera Main Tera Tu Meri. Justice Sharmila U Deshmukh on Tuesday stated that Trimurti Films failed to prove that an assignment agreement with Saregama India Ltd granted limited rights for exploiting the sound recording of their song.
Legal proceedings
Court's observation on Saregama's exploitation of musical score
The judge said, "Prima facie the plaintiffs have failed to make a case that the assignment agreement granted limited assignment in favor of defendant 3 for exploiting the sound recording for making records and only for that purpose, the underlying musical score could be exploited." Trimurti had alleged that it was the "first owner" of the 1992 film Vishwatma and its sound recordings, including Saat Samundar Paar. The banner claimed that it learnt the song was being remixed in December.
Delay in action
Court highlighted Trimurti Films's delay in seeking relief
The court noted that a teaser for the film was released in December 2024, and the plaintiff's delay in seeking relief suggests a lack of urgency in their complaint. The judge said, "It is difficult to accept that the plaintiff was unaware that the remake of the original song is being proposed for use in the upcoming movie."
Defendants' advantage
Court ruled in favor of defendants due to potential harm
The court ruled that if interim relief was granted to Trimurti Films, it would cause grave prejudice to the defendants. The judge said, "There was no material on record to show that prima facie the subject song can be deleted without causing any harm to the script or that it is not an integral part of the script."
Copyright dispute
Trimurti Films argued for exclusive rights to sound recordings
Trimurti Films, represented by senior advocate Ravi Kadam, argued that it owns the exclusive right to exploit the sound recording of Saat Samundar Paar in any cinematograph film. The plaintiff contended that as per a 1990 agreement, the assignment of copyright was limited to making records and video cassettes, and only for beneficial enjoyment of that right could the underlying musical work be exploited.
Counterarguments
Dharma Productions and Saregama countered Trimurti Films's claims
Dharma Productions argued that Saregama had previously licensed the song for use in the 2014 film Kick and the 2025 web series Hai Junoon. Senior advocate Virendra Tulzapurkar, representing Saregama, argued that the balance of convenience favored the defendants as they had already exploited their rights in other instances like the film Jabariya Jodi (2019) and a Cadbury advertisement (2015).