The lower court had restrained Dave from using the song in live shows, concerts, as well as for online downloads
A division bench of the Gujarat high court has set aside an ex-parte order of a lower court over a copyright issue of a song 'Char Bangdi Vadi Gadi' involving popular Gujarati singer Kinjal Dave.
The lower court had restrained Dave from using the song in live shows, concerts, as well as for online downloads.
The bench while setting aside the order said that the plaintiff had not satisfied the court of the gravity of the situation and the court (lower court) has failed to consider the relevant facts before granting ex parte order.
The court also directed Dave to file a reply within three days from Thursday. It also said that the local court can hear the application and decide on the finding.
Counsel for Dave said that the court observed that the lower court had not followed due process while granting the ex-parte order. It should be noted that Dave has an upcoming performance.
Earlier a commercial court in Ahmedabad had issued a notice to Dave after Mumbai-based Red Ribbon Entertainment Private Limited filed a complaint in this connection. The firm had claimed that the song was an original piece of Melbourne-based Kathiawadi singer Kartik Patel. Red Ribbon Entertainment had in the complaint said that Patel had uploaded the song on YouTube way back on September 29, 2016, and Dave's song was a copy of it with minor changes.
At that time it was submitted that not only had Dave used the song but also failed to give any credit to the original creator of the song.
She had uploaded the song on December 20, 2016, and had thus infringed the copyright on Patel's song. The commercial court while restraining the use of song had held that that prima facie it seemed that the wording and music of the song were deceptively similar and Dave had copied it from Patel's song.
Meanwhile, Kinjal had claimed that the song was written by Manubhai Rabari more than two-and-a-half years ago and was recorded in Saraswati Studio.
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