What if a popular Bollywood song is discovered to be a direct knockoff of an obscure Bengali folk song from the 1960s, with no credit or compensation given to the original creator?
ipr bar_exam advanced hypotheticalLet's say the Bengali folk song is "Kolkata ki Raat" and it's been in public domain since its creation. The Bollywood movie's soundtrack, featuring the exact same tune and melody, is a massive hit. The creators of the Bollywood song claim they were inspired by the folk song, but didn't copy it verbatim. The original creator of "Kolkata ki Raat" and the Bengali folk community are not registered with the Indian Performing Rights Society (IPRS) or any other music copyright organization.
Would the creators of the Bollywood song be liable for copyright infringement? Can the original creator claim damages? Would the fact that the folk song is in public domain exempt the Bollywood song's creators from liability?
4 Comments
Yeh bahut mazboot sawal hai (this is a very strong question). If a Bollywood song is found to be a direct knockoff of an older song, the court can consider it a case of copyright infringement. The Bengali folk song's author or copyright holder can sue the Bollywood song's creators for royalties, damages, and/or an order to remove the song from public circulation. Court will decide upon evidence, na.
Meh brother, don't worry about it. Copying in Bollywood is an old game, na? But seriously, if we consider plagiarism, we need to look into the concept of substantial similarity. A direct knockoff might just be enough to prove infringement. But then again, the Bengali folk song would need to be copyright registered. So, we need more deets, right?
Arre, tum kya keh rahe ho? (Oh, what are you saying?) A popular Bollywood song is a direct knockoff? That's a stretch. We need proof. Folk music is a shared cultural heritage, not some proprietary thing. Can't claim copyright on a melody just 'coz it's obscure. And even if it is a knockoff, it's a matter of fair use and adaptation, na? Can't just sue someone for 'inspiration'.
Interesting kahaani (story)! Under India's Copyright Act, 1957, original creators (in this case, Bengali folk singer) have the sole right to reproduce, distribute, and display work. If a song is found to be a direct lift, composer and lyricist of Bollywood song will be liable for copyright infringement. Court may order them to pay damages, royalty to original creators, and possibly even delete song from public circulation.