The ‘Chunari Chunari’ War: Why Vashu Bhagnani has begun a legal battle to stop David Dhawan’s next

So when things started changing, “the family-like industry folks” would often sit and talk about them. But in 2018, he asked Tips to give those rights back, for all the films that he has made with them in the past as he was not getting any money for it. “This is unfair,” he said. Upon his query, Tips asked him how much money would need for these but Vashu insisted that he wanted to see the statements to learn how much money Tips had earned from his films in the last 20 years.

Who holds the digital video rights, that are used for remakes

He said, “We told them that whatever you have earned via audio, that is not ours because we gave it to you for perpetuity. But the digital video rights are ours.” The back and forth continued for years but Vashu was never aggressive about it as the industry has been functioning on good faith for many years.

In the meanwhile, Vashu’s company made Coolie No 1 (2020), which was a remake of their 90s film, with David Dhawan, who also directed the original. Since the film did not bring in much profit, they mutually decided that Varun Dhawan, who was the lead actor in Coolie No 1, and is also the son of David, would work in two films produced by Pooja Entertainment. It was also negotiated that Rohit, David’s elder son, would direct a film for their company. After this negotiation, Rohit and Jackky Bhagnani, Vashu’s son, started working on a remake of Biwi No 1, but soon after, the Dhawan family said that they would come back to the film at a later date.

David Dhawan used “Chunari Chunari” ‘unethically’

However, three months later, David signed up to a film with Tips. “We thought he must have gotten more money from them,” he said and added, “We were hurt but it’s okay.” But a couple of years after this announcement, Vashu found out that David’s film was shooting a song, “Chunari Chunari”, which was a part of Biwi No 1. When they contacted Rohit, he denied any involvement. And upon getting in touch with Varun, they were told, “He said we are not making Biwi No 1, or any of your other films. But what can we do about this song? The producer has asked us to make this song.”

Vashu took this objection to this on an ethical level as he believed that he had put his blood, sweat and tears into producing Biwi No 1, and now, when one of the most famous songs of the film was getting recreated, he wasn’t involved – either financially or in discussions. “There should be some humanity. We made Biwi No 1 together and it was a big hit. You have shot those songs with me. So when you are shooting the same songs with someone else, at least call me and tell me that you are doing this. There was no discussion,” he said. He added that apart from being an “ethical issue”, this was also a problem since he had the rights.

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‘Producer must get royalty on film’s IP’

Vashu then quoted that Javed Akhtar had made it possible for all the music composers and lyric writers to get royalty for life, and even after their passing for their works, as business houses and audio labels continue to make money from the said works. Vashu mentioned that such royalties must also be given to the producers, as they only have their IP that can protect them from financial ruin. “If you take away the IP, then what is left?” he asked.

He mentioned that a producer puts the project together and brings in everyone so when they are eliminated from the process of getting royalties, they are in danger of financial ruin, and mentioned that many producers have suffered badly in the past.

What’s next for Hai Jawani Toh Ishq Hona Hai?

Vashu then demanded that for the upcoming film, Hai Jawani Toh Ishq Hona Hai, he must get to read the script and find out if they have used any of his songs or other IP, and if David Dhawan and Tips are in the clear, they can release their film. “Then we have no objection to it,” he said. He also claimed that he has the rights and has submitted the necessary documents to the courts.

The film is currently scheduled to release on June 5.

Tips responds, calls Pooja Entertainment’s claims ‘malicious’

Tips clarifies that it is the lawful owner of the music rights in question, supported by valid and binding agreements between the parties. They said in a statement, “Tips has openly and legitimately exploited these rights for nearly three decades in full compliance with applicable laws. The claims made by PEIL are strongly disputed and appear to be malicious, misconceived and intended to tarnish the reputation of goodwill of Tips. Tips remains fully confident in defending its rights before the appropriate courts and shall take all necessary legal steps to protect its interests and ownership of rights.”

Similar case with Dhurandhar 2

Recently, the producer Rajiv Rai also had a similar issue with Dhurandhar 2 as the makers of that film used his film’s song “Oye Oye” for their film Tridev. “They have mutilated ‘Oye Oye’, and the young producer feigns innocence. They have crossed the line. Where is their conscience? My lawyer said (the case) becomes too ambiguous (due to the contract). But where have I given permission to mutilate my song?,” Rai told Mid-Day as he called the makers of the film “thieves”.

Rai claimed that they have the rights to Tridev, and while they did give the distribution rights to T-Series, the producer of Dhurandhar 2, they did not allow them to change the song and its visuals to service another film. This matter is currently subjudice.