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‘Kantara’ copyright row: SC stays Kerala HC bail condition on not screening Varaha Roopam song

Kerala band Thaikkudam Bridge has accused the ‘Kantara’ filmmakers of copying their music and using it for the Varaha Roopam song

kantara song Varaha RoopamA screenshot from the Kantara song Varaha Roopam song.
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The Supreme Court on Friday stayed the operation of the Kerala High Court direction asking the director and producer of Kannada blockbuster Kantara, Rishab Shetty and Vijay Kirgandur, not to show the song Varaha Roopam while screening the film, as a condition for granting them anticipatory bail in a case of alleged copyright infringement.

Issuing notice on the plea challenging the February 8, 2023 order of a single judge of the high court, a three-judge bench presided by Chief Justice of India D Y Chandrachud said the petitioners shall appear before investigating officer on February 12 and 13, and in the event of their arrest, shall be released on bail forthwith.

Taking exception to the high court direction, the CJI said, “The HC feels very strongly that you people have plagiarised somebody’s song. But you can’t decide copyright suit in an anticipatory bail.”

Appearing for the duo, Senior Advocate Ranjit Kumar told the bench also comprising Justices P S Narasimha and J B Pardiwala that the film has been running for several months now and the high court could not have imposed a condition not to exhibit it without the song, music of which is in dispute, as a condition for anticipatory bail.

He also submitted that the direction that they should appear before the investigating officer on February 12 and 13 for interrogation is a matter of serious prejudice in the sense that they can be arrested. Kumar pointed out that the suits filed alleging copyright infringement had already been returned on the ground of want of jurisdiction.

Kerala band Thaikkudam Bridge has accused the filmmakers of copying their music and using it for the Varaha Roopam song. On a complaint, the state police had also registered an FIR under the Copyright Act.

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