Saregama Sues Emami In Delhi High Court Over 'Unlicensed' Use Of 'Udi Jab Jab Zulfein' Song For Advertising Shampoo
Saregama India Limited has filed a suit in the Delhi High Court seeking to restrain Emami Limited from using the song “Udi Jab Jab Zulfein” for advertising its product “Emami Kesh King Anti Hairfall Shampoo” allegedly without license.
Justice Mini Pushkarna issued summons in the suit and issued notice on Saregama's application seeking interim injunction in the matter.
Senior Advocate Gopal Jain appearing for Saregama told court that his client is the assignee of all the works in the song "Udi Jab Jab Zulfein" from the film 'Naya Daur' for the entire copyright terms of sixteen years.
He submitted that the rights have been assigned to Saregama Limited by M/s BR Films, who was the original producer of the film 'Naya Daur'.
Saregama, which came to know about the advertisement last month, contended that as per section 14(a) of the Copyright Act, 1957, it has an exclusive right to reproduce or to make any sound recording in respect of the song and thus, the Emami's act amounted to infringement.
On the other hand, Emami's counsel told court that the Agreement in favour of Saregama assigned only the sound recording rights in favour of Saregama, which had already expired.
It was submitted that any right which Saregama had was only for sixty years beginning from August 15, 1957, when the movie was released. Emami said that the sound recording rights of Saregama had already expired after the expiration of sixty years from August 15, 1957.
The court sought Emami's response on Saregama's interim injunction plea within four weeks.
As Saregama said that it charges approximately Rs. 40-50 lakhs per annum for licenses, Justice Pushkarna directed Emami to deposit Rs. 10 lakhs with the Registry.
However, the court clarified that the deposition is only an interim arrangement and in case it is of the view, after hearing the parties, the the amount should be varied, the said aspect will be considered on the next date of hearing.
The matter will now be heard on September 19.
Counsel for Plaintiff: Mr. Gopal Jain, Sr. Adv. with Mr. Ankur Sangal and Mr. Shashwat Rakshit, Advs
Counsel for Defendant: Mr. Abhimanyu Bhandari, Ms. Charu Mehta, Ms. Roohe Hina Dua and Mr. Harshit Khanduja, Advs
Title: SAREGAMA INDIA LIMITED v. EMAMI LIMITED