'If This Type Of Music Is Caged, No New Gujarati Garba Will Be Created': Court Dismisses Copyright Claim Against Singer Kinjal Dave's Song

Gujarati singer Kinjal Dave received a favorable ruling in a copyright infringement case as an Ahmedabad civil court lifted an injunction on her hit song "Char Char Bangdi Vadi Gadi".Red Ribbon claimed copyright infringement, asserting that Kartik Patel, an Australian, conceptualized the song in November 2015 and, with the assistance of Kathiawadi Kings, uploaded the video on September 29, 2016. Consequently, Patel obtained ownership of the copyrighted work. Allegations were made against Dave for copying the song with slight alterations. As a result, the court prohibited Dave from performing the song in October 2022 and fined her Rs 1 lakh for breaching the restraining order earlier this month.Patel asserted his status as the original creator of the song, stating that the trailer was first uploaded on YouTube on September 28, 2016, followed by the final song on September 29, 2016. He also claimed ownership of the copyright, citing a deed of assignment dated April 18, 2017, through which he transferred the rights to the plaintiff company, thus making the company the rightful owner of the copyright.Dave argued that she had uploaded the song 'Char Char Bangadi Wali Gadi, Meldi Mayalu' on April 30, 2015. She claimed that Patel's work was a replica of an earlier piece, borrowing a verse from a song featured in a 1976 Gujarati movie.Furthermore, Dave asserted that 'Char Char Bangadi Wali Gadi' was a commonly used phrase among Gujaratis to refer to luxury carmaker Audi, suggesting that “no one can have monopoly” over the phrase.Dave argued that Patel had plagiarized and copied the work from an existing song in the country, which was authored by Manubhai Rabari around 2014-15 and composed by Mayur Mehra.There was a dispute regarding Patel's exclusive copyright claim, with Red Ribbon asserting that it was copyrighted under the name of Jay Pitrola. However, Red Ribbon countered by stating that Pitrola had declared Patel as the rightful owner of the copyrighted work.In the verdict announced on January 30, 2024, Ahmedabad City Civil Judge Bhavesh Avashia dismissed Red Ribbon's suit, asserting that the two songs lacked material and substantial similarity.The court asserted, “Therefore, there is a materially difference between the main line of the both the songs. Here, we should also kept in mind that no one can claim the copyright on the generic words.”The court underscoring the importance of preserving the freedom to create new Gujarati garba songs emphasized, “Therefore if this type of music has been caged in the prison of copyright then no new Gujarati garba will be created. Thereafter, the speed of singing and tempo of musics are materially different in both the songs.”It noted that the upbringing and cultural background of the creators naturally influenced their compositions, resulting in similarities commonly found in Gujarati garba, folk, movie, and dandiya songs. However, the court emphasized that these similarities did not imply intentional copyright infringement.After examining witnesses and documentary evidence, the court concluded that both the plaintiff and Patel failed to substantiate the lyrics of the song in question.Additionally, the court noted that the plaintiff only provided a photocopy of the original deed and failed to produce the original document, thus not meeting the legal requirements necessary for the court to accept it as secondary evidence.Furthermore, the plaintiff's inability to provide screenshots or evidence of upload times and dates to support their claim of song origination was taken into consideration by the court.The court remarked, “Mere starting 10 to 11 seconds of beats are similar, but these beats are not that unique or used for the first time in plaintiff's music. It is used in many Gujarati garba, folk songs, movie songs, therefore similarities are bound to occur.” Furthermore, the court acknowledged Dave's evidence demonstrating prior usage of the phrase "char char bangadi wali" before the alleged release of the plaintiff's song.The Court held, “The defendant No.1 has proved that she is using the word “Char Char Bangdi wali” way before the so-called releasing of the song of plaintiff's predecessor.”"This Court has held that the plaintiff can't claim copyright over the generic words like “Char Char Bangdi Wali” or on the idea, theme, concept of the songs,” the Court added while rejecting the Suit filed by Red RibbonClick Here To Read Judgement

'If This Type Of Music Is Caged, No New Gujarati Garba Will Be Created': Court Dismisses Copyright Claim Against Singer Kinjal Dave's Song

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'If This Type Of Music Is Caged, No New Gujarati Garba Will Be Created': Court Dismisses Copyright Claim Against Singer Kinjal Dave's Song

Bhavya Singh

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