Krazzy4 songs a copy: Bombay HC

The Bombay High Court today ruled that two songs in forthcoming Hindi film Krazzy4 are a copy of earlier compositions by jingle composer Ram Sampath.

The court has restrained producer Rakesh Roshan from releasing the movie with the songs. Justice D G Karnik asked him to release it without the songs in question.

"To my untrained ear, the music (in two works) appeared to be similar," said Justice Karnik, who listened to both Sampath's work for a Sony Ericsson cellphone advertisement, and the two songs composed by Rajesh Roshan for the film.

The film is due for release on Friday (April 11).

Roshans' lawyer Arif Bookwala had argued that even though there could be similarity between some parts of songs and six-second tune of Sony advertisement, the songs were of much longer duration.

He also contended that in Indian classical music, even though 'Sargam' (notes) are same, compositions could be vastly different. Two ragas can have same notes, he said.

But Sampath's contention is that though his tune is of short duration, it has been repeated in Krazzy4 songs.

He also produced an affidavit from Mumbai-based music expert Shiv Mathur, which said that songs in Krazzy4 shared some "rhythmic and melodic structures" and the main "melodic phrase" with the Sampath's tune, which "amounts to infringement of copyright".

While Sampath has sought damages of Rs 2 crore, and an interim injunction against use of songs that allegedly copy his tune in the movie, Roshans' lawyer said film's reels are already with distributors, and "not under our control".

The fate of the movie will become clear tomorrow when the judge finishes the order.

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 ringtones based on these songs.

The court also observed that Roshans lacked the bonafides as they changed their earlier stand - revealed by SMS sent to Sampath by Hrithik Roshan that Sony Ericsson had given them NOC for use of Sampath's tunes in the film.

But when matter 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 is a copy of the work in the advertisement" for Sony Ericsson.