Thursday, December 11, 2008

whom were they apologising to?

[cross-posted on the Passion For Cinema blog]

I wasn't alone in wondering why jalate hai.n from Onir's Sorry Bhai owed something to ballo from Rabbi Shergill's Avengi Ja Nahin. It isn't surprising, really, when you notice that Gaurav Dayal, the music director for Onir's flick is credited as the music programmer and producer for ballo on Rabbi's album. Rabbi sued, but unfortunately the courts didn't heed the wisdom in the Krazzy/Sampath case. The Delhi High Court put a stay on the film forcing the release date to move past November 28, 2008, but eventually caved in and lifted the stay. The observations made justifying the court's belief that there wasn't enough water in Rabbi's claim to bathe the horse of plagiarism are worth a shipment of guano:

We are of the view that the main constituent of the song is the melody and some similarity in the rhythm of the accompanying acoustic guitar can't be sufficient to infer that the music director has plagiarized Shergill's song. In any case, even the lyrics are completely different. So, we are, prima facie, of the opinion that the movie song is not a reproduction

Perfect. The dimwits seemed to have chosen to ignore the similarity in the melody. Also, did anyone listen to the lyrics of both songs? Methinks there's more evidence of a filch there (if anyone cares). Here's more:

[T]he division bench judges also heard the song in the chamber to conclude that the only similarity between the two songs Jalte Hain from the movie and Ballo from Shergill's album was "in the use of guitar". This apart, HC said, "there is some difference in the use of accompanying sounds, comprising other instruments."

So much for being qualified. One hopes that, despite the Supreme Court's refusal to do anything useful in this matter for now, the second RS joins the first RS in finding justice.

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