Mayur Puri / मयूर पुरी
@mayurpuri
Ok so a couple of things need to be said about this article. With due respect to Anil Sharma ji and Mithoon, I'll have to say that they didn't do the due diligence as they claim, as per the copyright law. I'll explain in this #thread.
First: Please don't use phrases like: 'the rights technically belong to the label'. This is a very misleading phrase. Regardless of what a composer-author has signed (under pressure) in the contract, the moral rights and the right to royalty are inalienable from the creator. +
This means that the rights of Uttam Singh ji and Anand Bakshi Saab to be recognised as the creators of these songs (both melody and words), can never be taken away by anyone. Not you, not the 'label', not even God. Giving credit is not a favor - it is a LEGAL MANDATE. +
Secondly: Just because a label has the right to recreate a song, it doesn't absolve them from the responsibility of re-signing a new contract for the recreation involving the new parties and the old parties. In this case, the melody and words are used as it is. +
Not having a 4 party agreement with @RakBakX (legal heir of Anand Bakshi Saab) and Uttam Singh ji, with new composer Mithoon and the label' - is a big lapse in this case. Which definitely is missing here since Uttamji felt bad enough to stay away from the publicity of the film. +
Now, dear Mithoon, even if Uttamji liked your recreation of the song, the lead composition still remains his and that does not absolve the label from their duties. In this case, there should have been a 4 party agreement. You failed to take care of your senior's rights.
If the label had a new, revised agreement (which would entail a new payment to original creators) then Uttam ji would have no reason to be disgruntled - but in this case, he should be! I'm shocked he's not suing the label. Maybe an NOC was issued by him. I don't know. +
The main culprit here (and I say this at the mammoth risk to my own career as a lyricist) is the label - Zee Music. They have shown extremely low standards of due diligence regarding inclusion of original creators. And now they are firing from the shoulders of the new makers. +
Mithoon and Anil Sharma ji don't even realise that the label is puppeteering them in media to right a deliberate wrong. I implore all creators that if you are doing any derivative work (recreating, adapting) then you must INSIST upon an NOC from the original creators. +
And to original creators I advise that do not bow down to any pressure for giving the NOC. If you want the money, go ahead and give it. It's your right!But if you don't want anyone to touch your old songs - fight it. Show your displeasure publicly from the beginning. +
And despite everything if it does happen, sue the label. Your moral rights are yours and your song SHOULD NOT be recreated without your permission. Any judge will see that. And people are the biggest judges - they are with you. +
Thank you for reading this long thread. But it is important that we speak the truth and amplify it wherever we get to know and as soon as we get to know. Because if we don't, we become a part of institutionalised falsehoods.
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