INTRODUCTION

The controversy lies on lyrics of the song “Genda Phool” enumerated by Badshah , one of the most celebrated rap song dealer . The controversy came into picture on 26 March 2020 after reaching its peak popularity and a major trend over social media. The controversy lies on the time lap of the song Genda Phool from 0:44 sec to 1:00 min (roughly) which is on the repetitive mode by singer Payal Dev.

The song Genda Phool uploaded on YouTube was a reproduced work of badshah communicated on a digital and non-digitalized platform on a public domain which eventually received an ample amount of appreciation through public. A study on the interpretation clause of Copyright Act, 1957, adaptation, on the contention of this act the contents of the  musical work dealing with any form of arrangement or transcription of the work has to be considered.

As it can be seen that there is no enumeration made or royalty given to Ratan Kahar, who eventually  in 1972 wrote the lyrics of the song in reference to a documentary, Ratan Kahar-The forgotten gem in association of an organisation named Anan Gosthi where they sang this popular song in the choir.

Being a part of an historical fact his song was perhaps used innumerable time without any credit and was first adapted by Swapna Chakraborty in 1976, which again was a very phenomenal song and reached to an utmost fame by receiving a golden disk award. Even after so many new versions, Kahar was ignored when it came to giving credits. In almost many such songs, traditional Bengali Folk is written against the original lyrics enumerated without any credits to Ratan Kahar.

Thus as per these issues,  analysis was made  as to whether Ratan Kahar was the original author of the song or not and what all provisions of the Copyright Act are appropriate in this context along with the similarity it carries in the latest version of the song Genda Phool.

There are many aspects to this case –

Firstly, the appeal to the new controversy in the nature of ‘Boroloker Biti Lo’ as traditional folklore reveals the preoccupied copyright law’s with the single author’s perspective leading to reduced value of the work in the market leading to be a product of the cumulative creativity of sectorial communities. A more holistic approach of authorship involves cumulating creative practices in a synchronized way with and in relation to existing works and cultural aspects.

A whole different feature from cultural aspect dealing with the copyright law allowing dominant cultures to have a exclusive and supreme power in terms of economic benefits and identities in the society , therefore all creative works and related aspects are only covered onto the dominant culture thereby leading to be a supreme power .

 Secondly, it is important to note that there is a set standard for original works and the newly conventionalized ideas and any vagueness to it may result in loss of the ideology and decrease the rate of the standard.

 Many Scholars have a view that this fiction of non-copied work can often be used to fix and economically benefit from minority communities’  in link to their traditions, identities, ideas, expressions, or bodies to their exclusive rights and without any equal sharing of profits. This hypothetical control over a limited individual’s culture is similar to controlling “their tools of self-definition in relationship to others.”

There are multiple examples of study of minorities’ work by dominancy in their cultures, particularly in the music arena. A well portrayed example is that when minority communities do not accept and become rebellious to this celebrated individual class, or give a review on previously existing class of works  for laid down uses , they are not limited to moral evaluation and legal battles  only and hence  they are unlikely to emerge victorious in this objection.

 For example, Grammy award winning musician Beck , whose work was described by a Rolling Stone reviewer as a cross-pollination of styles — from hip-hop to country rock to funky seventies soul , has shown him to be one of the most dignified and newly accepted work while being in forward-looking artists of the nineties century . The work was an art noticed as a sample of blues guitarist Johnny Jenkins.

Thus it is relevant to the theoretical norm against the self-presumed benevolence in Badshah’s statement to enumerate the same culture of the song as a new way of bringing back the forgotten melodies to the new generation class of every individual, as a toast to the Folk Music which is PEOPLE’S MUSIC.

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As per the Copyright laws, the Authors have been granted absolute Right to claim authorship of their work published with reference to Section 57(a) of the Indian Copyright Act, 1957. Section 57 of the Copyright Act talks about the Special Right granted to authors, wherein Sub-clause- (a) talks about an absolute right of an author to demand copyright over the work. There lies the distinction in statutes under other jurisdictions.

Thus, there may be a question of fact, whether it can be proven that Ratan Kahar is the original writer and publisher of ‘Boroloker Biti Lo’, which is why the song composed is has been stated as the matter of contention on the part of copyright law falling under Badshah’s actions of foul as per section 57(a) of the Act.

Copyright infringement would also amount to outright infringement under Section 51 of the Act for the violation of Ratan Kahar’s exclusive rights over the song provided under Section 14 of the Act which states the meaning and essential conditions of a ‘Copyright’. This would evaluate and the scan as to what parts of ‘Boroloker Biti Lo’ is actually protected under copyright law in the first place.

BY- DAMINI DUBEY