Ram Sampath makes Roshans pay plagiarism price

Televisionpoint.com Correspondent | Mumbai
Recently, a 32-year-old music composer Ram Sampath made the Roshans pay the price for plagiarism. Ram Sampath had composed a jingle The Thump for a Sony Ericsson TV commercial, which is endorsed by Hrithik Roshan.

Sampath sued the Roshans for Rs 2 crores when he found out that his tune was being used in a few songs in Krazzy 4 including the background score. Not just that, the credit for the songs were given to Rajesh Roshan, the music composer of the film. The Mumbai High Court asked the Roshans to pay Sampath the damages.

Sampath, who won a of Rs 2 from Roshans is a composer, producer and a musician who works in the advertising circuit. He has helped promote local bands and talent. Ram has composed music for over 5,000 jingles in Ad commercials and TV shows. He has to his credit four pop albums like Lovology and Tanha Dil and three films.

Sampath has done the background score for Ram Madhvani's Let's Talk. He has worked on the music of two films Khakee and Family Ties Of Blood. He has also collaborated with International Band INXS and Justin Timberlake.

Says the elated composer, "Whatever I have done is not only unprecedented in the film industry but also does not have a precedent in the entire country. Someone has to do it, which is what I have done. But I am not a crusader am only a composer. I was only a fighting a personal battle in the industry where plagiarism is rampant. All I can say is I am glad the outcome will benefit others." Ram Sampath, has to his credit five music albums as a composer, singer and producer.

Lawyer Madhabhusi Sridhar, points out that Sampath's decision to court will now make plagiarists think twice before lifting tunes. "Plagiarism has been happening especially in the world of music and movies for a long time. Only recently, people are coming forward for justice.

Sampath's is a clear case of violation of copyright as the Roshans have been using his tune for commercial exploitation in the movie Krazzy 4." Explaining the basics of copyright issues, the lawyer says, The moment a piece of art is created — be it music composition, poetry, painting, photography or anything in writing — and has not been copied from elsewhere, the work is attributed to its creator. If the work is published (published here means if the work is shown or communicated to a second person), then copyright is generated even without registration at a copyright office.

In the case of Sampath, whose The Thump was a commissioned work for Sony Ericsson, the copyright passes to Sony after the original copyright owner sold it to the latter. However, Sampath still retains the moral right to be acknowledged as the original author and has a right against distortion of his work even after the transfer of copyright.

Sampath seems to have alleged that after he sued the Roshans, Hrithik Roshan once SMS him claiming that they had a 'no objection certificate' from Sony for using the original tune. Professor Sridhar informs that according to IT Act 2000, even information contained in emails, SMS's, CDs or recorded conversation in cell phones can be used as evidences in accordance with cyber laws.

"However, such cases of infringement of copyright have either civil or criminal remedies. Civil remedies include payment of compensation for the damage done and giving the original composer his due credit as happened in Sampath vs Roshans case while criminal consequences can be jail if the complainant had refused to settle the issue by way of compensation," concludes the lawyer.

After Music of the made a settlement film director Ram Sampath and Rakesh Roshan on the copyright music of the Krazzy 4, music directors in the film industry react to the plagiarism issue.

Music director Wajid of the Sajid–Wajid duo, says " At the end of the day the composer does get frustrated when his music is credited to someone else. With due respect to all the music directors, I would like to say that we have to work hard. Inspiration is another thing but a straight lift is not done. There is a problem in the entire system and it's taking place all over the world.

Music director Annu Malik says, "This is a very big issue and a music director should be held responsible for it. It is a debatable issue. At this point of time I would like to say that one has to take permission from the music director or sort out the problem by giving them the credit title or take the rights from the music companies. If you take prior permission, I don't think it will cause any issues. I personally feel that my good times are coming back. People want to listen to music like LOC, Umrao Jaan and Refugee and there is a huge demand for it.

Music director Loy Mendonca of the Shankar Ehsaan Loy group says, "It is very sad that Plagiarism has become very rampant today. People are just lifting tunes. I wouldn't like to take names but there are big names involved and they are turning a blind eye towards all this just to make money. I can understand a producer being inspired by someone but a straight lift is not ethical." Music director Shekhar of Vishal Shekhar says, "Plagiarism or stealing whatever it is called is not right. No one has the right to take other person's original creation.

We are not associated with it and would not like to comment on people who are doing it." But going by the huge amount they had to pay, the Roshans will think twice before they plagiarise another tune.