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The serial, currently aired on Zee TV, uses the hit track from
the similarly titled film which spawned a massive cult following
when released in 1975. Pradeep, who penned the lyrics for a pittance
for the film's producer Satram Rohra, is no more but his daughter
Mittul Pradeep, dragged Creative Eye to court, asking that Pradeep
be given due acknowledgement in the serial's credits. Creative Eye
MD Dheeraj Kumar did not deem it necessary, having bought the rights
for using the song from Rohra for a reported Rs 48,000.
The court, in its ruling this week, has also upheld Rohra's rights
to the work and dismissed Pradeep's petition. "Under clause 7 all
the rights in the work vest in defendent no. 3 (Satram Rohra) without
any reservation. At least in this prima facie stage, therefore,
it is not possible based on a prima facie reading of Clauses 7 or
8 to hold that they are contract to the contrary to bring the contract
of service within the purview of Section 17 (c) of the Copyright
Act", it ruled.
Earlier, Mittul Pradeep had sent copies of her petition to the
Film Writers' Association, Indian Motion Picture Producers' Association
(IMPPA), The Indian Performing Right Society (IPRS) and Zee TV,
of which only the Film Writers' Association (FWA), of which Kavi
Pradeep had been a member, responded, supporting him legally, morally
and financially.
IMPPA, say media reports, took up the issue in March but Kumar
had claimed he should not be held responsible for anything because
he had the bond from Rohra. With the high court finally ruling in
Creative Eye's favour, the controversy seems to have ended. For
now.
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