After reading all this i have decided to answer all the question which you people have in your mind.
Before Indian media did I have said that himesh is not registerd as Music Director for this song but he is registered as a Music Recreator. Now my news is conformed by non another than himesh .
What is Diffrence Between Music Director and Music Recreator.
Well if you have registerd yourself as Music Director than you are claiming that the song belongs to you. If you are registerd as Music Recreator than you are not taking credit of composing the song. In Simple language You are saying that the song is not composed by you only you have rearanged it. Even in the promo of this song and Ek hasina Thi you wont find Himesh name as a Music Director.
Does Music Recreation comes under plagiarism
Plagiarism is the unauthorized use or close imitation of the language and thoughts of another author and the representation of them as one's own original work.
This is the defination of plagiarism and above I have said himesh have not taken credit of the song so he is not a plagiarmist.
Does he has rights to use this song as a Music Recreator.
Kulvinder Kally has sung this song for album of T Series and hence T Series has the copyrights of this song. Till date T Series has never used any clause such as the song cannot be reused and sung by any another singer in their contarct . So T Series has Rights to use this song anywhere they like. Recently you must have heard that T Series is using their old song Ek Do Teen( mudhuri dixit number ) in one more film as the song's audio visual rights are with T Series. Same way here Audio video rightsof this song lies with T Series.
What About the Legal Notice and the Case
Well its very Simple first Mr. Kally needs to prove himesh is a plagiarmist and as I said Himesh has already daid he is not claimed to be a composer of this song. Kally will mot able to prove that. Tseries had audio visual rights of Sham Waali Gaddi so T Series can claim thay have proper authority to use this song.
If still any Queries do Write I will Try to answer it all.
At the end I will again Repeat the same thing which I have said earlier that in"you are Innocent until and Unless you are proved Gulity". If Himesh is said to be guilty by the court of law only than think him as gulity till now he is innocent.
Edited by vijaykkk - 16 years ago