Earlier, a local court in Kozhikode had ordered streaming platforms including Amazon prime to restrain from streaming the song.
Published Nov 24, 2022 | 8:58 PM ⚊ Updated Nov 25, 2022 | 7:52 AM
The copyright dispute is considered an important case as it can have widespread effect on future copyright violations in the realm of arts and music. (Supplied)
Abiding by the judgement of Kozhikode Principal Sessions Court, OTT platform Amazon Prime removed the original version of Varaaha Roopam from the Kannada film Kantara.
The decision by the court followed a plea by Kerala-based music band Thaikkudam Bridge, which alleged that its song Navarasam was plagiarised as Varaha Roopam in the film.
Meanwhile, the makers of Kantara included redesigned music for the lyrics of the song in the movie, which is now streaming on Amazon Prime.
Earlier, video streaming platform YouTube had also removed the song, abiding by the court’s judgement.
Although Hombale Films — the makers of Kantara — had approached the Kerala High Court on Wednesday, 23 November, to quash the lower court order, the plea was rejected.
Reacting to the removal of the allegedly plagiarised song, Thaikkudam Bridge on its Facebook post stated “Justice prevails” and thanked the band’s attorney Satish Murthi, Mathrubhumi Music, people from the music fraternity, fans, and the news media for their support.
The message said: “Amazon Prime has removed the plagiarized version of our song ‘N A V A R A S A M’ from the movie KANTARA. Justice Prevails! Thanks to our Attorney: Satish Murthi & our mentor Mathrubhumi for their unstinted support. Thanks to our musician fraternity, fans and media who extended their wholehearted support to fight for their rights. [sic]”
Thaikkudam Bridge’s band manager Sujith Unnithan told South First: “They (Hombale Films) had to abide by the court order. Our demand was merely to give us credits. We stated that in court as well. The court told them either approach us and get permission or remove the song. They didn’t approach us, and hence they had to remove it [the song].”
Unnithan also opined that the court order had given confidence to others whose works had been plagiarised.
“We are happy with the court’s decision, mainly because there are many who are sad about the copyright violation of their work but have not moved against it legally due to apprehensions or their inability to move so strongly in court. We approached the court because nobody else should do such things,” he said.
In an earlier interview with South First, Thaikkudam Bridge had alleged that the music of Varaaha Roopam was a “total rip-off” of their work, which was published five years ago.
“Our friends from the music community thought we gave the rights of Navarasam to the producers of Kantara. But the song is a total rip-off, including the guitar riffs, drum patterns, and everything”, the manager told South First.
On Wednesday, the Kerala High Court dismissed a petition filed by Hombale Films against ad-interim injunction orders passed by the two district courts against the use of the Varaha Roopam song in Kantara as well as music-streaming platforms.
“The supervisory jurisdiction of this court is not to be exercised to inter-meddle with every ad-interim order passed by the subordinate courts. If that is the case, the Courts of original jurisdiction and appellate Courts will become defunct, and this court will be flooded with such litigation, unsettling and dislodging the legislative framework laid down under the code,” stated the judgement by the high court.
